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(영문) 대전지방법원 천안지원 2020.04.21 2020고단21
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 June 3, 2016, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court.

【Criminal Facts】

On November 25, 2019, at around 11:20 on November 25, 2019, the Defendant, who was punished for drunk driving, driven Cpoter II cargo from around 35 km to around 0.048% of blood alcohol concentration at the section of approximately 35 km from the road in the Sinjin-si B's residence to the 2047 Sasan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and inquiry into the results of the control of drinking driving;

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

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is to recognize the defendant's mistake and reflect in depth the defendant's depth, and the result of organizational inspection was taken by the hospital where the mother's mother of the defendant was hospitalized after drinking the immediately preceding drinking, and the hospital was taking aboard him/her, and there seems to be some circumstances to consider the circumstances leading up to the crime of this case. Although the defendant had been punished twice due to the same crime, he/she again committed the crime of this case even though he/she had the record of being punished twice due to the same crime, he/she again committed the crime of this case. The punishment of this case shall be determined as ordered in consideration of the blood alcohol concentration and driving distance of this case, other defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, and other various sentencing

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