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(영문) 대전지방법원 2020.08.14 2020고단1432
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On February 23, 2009, the Defendant received a summary order of KRW 700,00 from the Seoul Western District Court as a crime of violating the Road Traffic Act.

On March 16, 2020, the Defendant driven a B low-speed motor vehicle with a blood alcohol level of 0.141% at around 23:58 on March 16, 2020, while under the influence of alcohol at around 0.141%, and operated a approximately 2 km section at the front of the road located in Daejeon Sungdong-dong Parking Site in Daejeon Sungdong-gu, Seosungdong-dong, Daejeon-gu, Daejeon-dong, Parking Lot C.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report (1) (2) (1) (1) and (2) , report on the circumstantial statement of a drinking driver, report on the circumstances of a drinking driver, report on the results of the control of drinking driving, inquiry into the results thereof, and report on internal investigation (verification of physical damage);

1. Registers of driver's licenses;

1. Previous convictions: Application of criminal records and copies of summary order Acts and subordinate statutes;

1. Articles 148-2(1) and 44(1) of the Road Traffic Act applicable to criminal facts, Articles 148-2(1) and 14(1) of the applicable law of criminal facts, the choice of imprisonment (the defendant and his defense counsel want to be punished by a fine, but the danger and harm of drunk driving is very serious, there is no reason to consider the circumstances of crime as driving after attending a workplace ceremony for the purpose of getting out of day and driving after drinking; there is a criminal record in the judgment; the blood alcohol concentration at the time is considerably high; the driving distance is relatively high; and the driving distance is relatively relatively high; considering the circumstances unfavorable to the defendant, such as the possibility of dismissal of the defendant and the circumstances that would lead to a large number of accidents that could occur if the defendant was driving around other vehicles if the actual accident occurred, the choice of imprisonment is inevitable even if considering the possibility of dismissal of the defendant

1. Discretionary mitigation of discretionary mitigations Article 53 and 55(1)3 of the Criminal Act (the following circumstances) 1.

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