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(영문) 대전지방법원 공주지원 2021.02.02 2020고단548
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On April 12, 2012, the Defendant was issued a summary order of KRW 5 million as a crime of violating road traffic law (drinking driving) in the Daejeon District Court’s Support for the Daejeon District Court.

[2] On October 28, 2020, the Defendant driven a B car under the influence of alcohol content 0.077% in blood while under the influence of alcohol content 0.07% from the roads of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, the Haju to the point of 259km away from the Gyeong-nam Highway, the Haju-si, the Haju-si, the Haju-si, the Haju-si, the Haju-si.

Summary of Evidence

1. The defendant's legal statement of traffic accident report (1), the details and records of crackdown, the statement report on the situation of the driver at home, investigation report (the report on the situation of the driver at home) on the scene of the accident, and the report on the internal photograph of the victim C

1. Previous convictions in judgment: Application of an inquiry inquiry letter, such as criminal history, and an investigation report (verification of records of punishment for drinking driving after June 1, 2006) statute;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Based on the grounds for sentencing under Article 62-2 of the Criminal Act, all the sentencing factors indicated in the records and trial process of the instant case, including the following circumstances, Defendant’s age, sexual conduct, intelligence and environment, family relationship, relationship with victims, motive, means and consequence of the crime, etc., as well as the circumstances after the crime, shall be determined as the sentence as ordered.

. Unfavorable circumstances: A person has already committed a crime of the same kind repeatedly even though he had a previous record of driving under the influence of alcohol twice (2004, 2012), and caused a traffic accident while driving an expressway under the influence of alcohol, and the risk of causing a traffic accident cannot be easily seen: A person has a previous record of a crime exceeding a fine, and there is no previous record of a crime exceeding a fine.

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