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(영문) 대전지방법원 공주지원 2020.07.24 2020고단124
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

[Criminal Power] On October 31, 2013, the Defendant was issued a summary order of KRW 700,000 by the Seoul Northern District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On March 13, 2020, on March 13, 2020, the Defendant driven B Potete in the state of alcohol alcohol concentration of about 0.192% in the section of about 4 km from the day before the breathal ground in Sejong Special Self-Governing City, to the date of entry into the Dong Do Gongju-si road.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report (1,2, survey report on actual condition), investigation report (report on the actual status of an employer-employed driver), and report on the actual status of an employer-employed driver;

1. An accident site photograph;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (Attachment to the same summary order) Acts and subordinate statutes;

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

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, all the sentencing factors indicated in the records and trial process of this case, including the following circumstances and Defendant’s age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, shall be determined as ordered by the sentence.

Unfavorable circumstances: The fact that a person repeatedly commits the same kind of crime even though he/she had been punished once every seven years prior to drinking, that he/she has a high blood alcohol level, that he/she causes a dangerous traffic accident against the defendant's vehicle: The fact that a mistake is recognized and reflected, that he/she has no criminal record exceeding the fine, and that a social ties relationship with which he/she may assist in the suppression of recidivism seems clear.

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