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(영문) 대전지방법원 2020.05.22 2019고단5001
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 3, 2008, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 3 million for a violation of the Road Traffic Act, a summary order of KRW 7 million with the Daejeon District Court on August 33, 2013, and a summary order of KRW 5 million with the Daejeon District Court on April 28, 2016 due to a violation of the Road Traffic Act (driving) at the Daejeon District Court on April 28, 201.

On November 14, 2019, at around 21:08, the Defendant driven B benz automobiles with approximately KRW 700 meters alcohol concentration 0.06% under the influence of alcohol level on the road near the plaza located in Seo-gu, Seo-gu, Daejeon to the front road of the pharmacy located in Seo-gu, Seo-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstances of driving under the influence of alcohol, report on the circumstances of driving under the influence of alcohol drivers, report on the circumstances of driving under the influence of alcohol drivers, notification on the results of the control of drinking alcohol, and

1. Registers of driver's licenses;

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

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing in light of Articles 53 and 55(1)3 (hereinafter referred to as the following circumstances favorable to the accused) of the Criminal Act for discretionary mitigation;

1. The scope of punishment by law: Imprisonment for one to two years;

2. Determination of sentence: Imprisonment with prison labor for one year, the defendant is divided in depth, the blood alcohol level at the time is not relatively high, the accident did not occur, the current state of health is not good, and the conditions favorable to the defendant are clearly recognized, such as the situation in which his or her father and wife wanted to have his or her wife, etc.

However, the crime of this case was committed while the defendant had been punished several times due to drinking driving, and the risk and harm of drinking driving is very serious, and the same criminal records are added once to the previous conviction.

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