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(영문) 대전지방법원 2020.11.13 2020고단3608
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 24, 2015, the Defendant received a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act from the Daejeon District Court.

Around 1:30 on July 29, 2020, the Defendant driven a C observer car from the Seo-gu Seo-gu, Daejeon to about 34 km-ro 553, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Daejeon, to the 34 km-ro, 553.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Criminal place, traffic accident report (1), report on (2) (1), report on the results of the regulation of drinking driving, report on the results of the regulation of drinking driving, inquiry into the facts, report on the circumstantial statements of drinking drivers, investigation report, report on internal history, and register of driver's licenses;

1. The scene of an accident and a photograph of drinking;

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

1. Relevant provisions of the Act on the Crime and Articles 148-2(1) and 44(1) of the Road Traffic Act that apply to the choice of a criminal offense, the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following circumstances favorable to the defendant among the reasons for sentencing)

1. 법률상 처단형 : 징역 1년∽2년 6월

2. Determination of sentence: Imprisonment with prison labor for one year, a defendant was involved in a de facto physical accident, and the circumstances favorable to the defendant, such as the absence of force to drive under influence except for the previous conviction, and the obvious social relationship, such as supporting the old parent, are recognized;

However, the crime of this case was committed while under the influence of alcohol even though the defendant was punished for drunk driving, and the risk and social harm of drunk driving is very serious, and the statutory punishment for the crime of drunk driving has been continuously aggravated due to changes in the legal sentiment of the general public.

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