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(영문) 대전지방법원공주지원 2020.09.11 2020고단270
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[criminal power] On October 30, 2007, the defendant was sentenced to a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the official capital support of the Daejeon District Court on December 3, 2007, a summary order of KRW 2 million for the same crime in the same court on December 3, 2007, and a probation order of KRW 2 million for the same crime in the same court on January 4, 2008.

【Criminal Facts】

On June 15, 2020, at around 04:06, the Defendant driven B rocketing car with approximately 2 km alcohol concentration of about 0.183% from the 2km section to the old IC road located in the same Si/Gu-Eup from the front of the Bridge in the Si/Gu-Eup, U.S.-gu, U.S.-Eup.

Summary of Evidence

1. Details of regulating the accused's legal statement, reports on the state of his/her oral statement, and investigation reports (report on the state of his/her oral statement);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

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 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the probation and community service order, the order to attend lectures, the age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime of this case, and all the sentencing factors expressed in the process of the trial, including the circumstances after the crime, shall be determined as ordered in comprehensive consideration.

3. Unfavorable circumstances: The fact that a person has already been sentenced to the suspension of the execution of imprisonment on three occasions and that the person repeatedly committed the same kind of crime even though he had the history of being sentenced to the suspension of the execution of imprisonment, the fact that the blood alcohol level is significantly high: Recognizing the mistake and reflects, the occurrence of traffic accidents does not occur, there is no other criminal records except the previous and non-licensed driving, and the previous and previous crimes of drinking occurred before 12 years.

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