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(영문) 대전지방법원 2020.06.25 2020고단939
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On January 26, 2015, the Defendant was issued a summary order of KRW 5 million at the Daejeon District Court on the grounds of a violation of the Road Traffic Act, etc.

【Criminal Facts】

On January 27, 2020, the Defendant driven a e-sports car at approximately 4 km from the front of the Seo-gu Daejeon to the front of the D apartment, Seo-gu, Daejeon, while under the influence of alcohol of 0.207% of blood alcohol level around 06:25.

As a result, the Defendant was under the influence of alcohol in violation of the prohibition on driving motor vehicles, etc. more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Consent to blood collection, written confirmation, voluntary submission, protocol of seizure, list of seizure, certificate of seizure, request for appraisal, and response to requests for appraisal;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Report on the occurrence of the case, report on investigation (report on the circumstances of the driver), and report on detection of the driver;

1. Previous convictions in judgment: Criminal records, repeated statements, investigation reports (Attachment to a summary order of the same kind of power), and application of summary order-related Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act requires the punishment corresponding to the crimes that may cause serious damage to the life, body and property of others.

Even though the Defendant had been punished for drinking driving, the Defendant committed the instant crime and has a high possibility of criticism.

Since the blood alcohol concentration at the time of the instant crime is very high and the distance of driving is not shorter, the quality of the relevant crime and the crime are not easy.

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