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(영문) 대전지방법원 2020.03.13 2019고단4947
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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 February 7, 2007, the defendant was issued a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act by the Cheongju District Court.

On December 6, 2019, at around 23:39, the Defendant driven a DNA car in the state of alcohol of about 100 meters from the front of a cafeteria located in Seo-gu Daejeon to the front of Seo-gu Daejeon, Seo-gu, Daejeon, while under the influence of alcohol of about 0.105%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the regulation of drinking driving, inquiry into the results thereof, circumstantial statements of drinking drivers, and circumstantial reports of drinking drivers;

1. The ledger of driver's licenses of teas, mandatory insurance and cars;

1. Previous convictions in judgment: Application of criminal records and summary order Acts and subordinate 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Punishment, etc. of Specific Crimes, in light of the fact that there was a large degree of danger and harm of drinking driving, the degree of blood alcohol concentration at the time was high, the desire for physical victims reported to the police, the violence was committed by the police and the police, the responsibility for the crime is extremely vague, the traffic distance is not clear, the driving distance is not long, and there is no same criminal power except for the previous conviction in the judgment, and

1. Order to provide community service and to attend a compliance driving lecture in order to prevent recidivism in light of the criminal records and the degree of blood alcohol concentration, etc. under Article 62-2 of the Criminal Act;

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