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(영문) 대전지방법원 2020.11.06 2020고단3506
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

On June 10, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Daejeon District Court for the crime of violation of the Road Traffic Act.

On August 2, 2020: (a) the Defendant was under the influence of alcohol with a blood alcohol content of 0.149% on August 23:16, 202; (b) from the roads around Geumsan-gun, Chungcheongnam-gun, Daejeon, Daejeon, Daejeon, Daejeon, Chungcheongnam-gu, to the roads before the 6 Ansan-gu, Daejeon, Daejeon.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. An investigation report, a report on the control of drinking driving, a report on the results of the control of drinking driving, an inquiry into the circumstances of drinking drivers, an investigation report, and a report on the status of drinking driving under the influence of alcohol;

1. Application of criminal records, inquiry reports, and investigation reports (applicable by a suspect's previous conviction and summary order);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a lecture again leads to driving under the influence of alcohol in this case even though the defendant had been prior to the judgment, and the blood alcohol concentration of the defendant at the time of the instant case was 0.149% and the distance of driving was 15 kilometers: Provided, That the defendant's mistake is recognized and reflected, the defendant's economic condition is against the defendant's wrong, and all other sentencing conditions recorded in the records, such as the defendant's age, character and behavior

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