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(영문) 대전지방법원 2020.11.13 2020고단3368
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 5, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on March 5, 2008, a fine of two million won for the same crime in the same court on July 12, 2010, and a suspended sentence for six months in the same court on April 13, 2017.

On June 13, 2020, at around 13:35, the Defendant driven a E-car at approximately 4.6km from the Do in front of the head office in Daejeon Seo-gu, Daejeon to D, Daejeon, while under the influence of alcohol of 0.119% of alcohol level.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Criminal place, traffic accident report (1), report on the occurrence of a traffic accident (2) (2) and report on the occurrence of a traffic accident, internal investigation report (victim F telephone conversations and driving distance), report on the results of drinking driving control, notification on the results of drinking driving control, inquiry into the fact and inquiry into the results thereof, report on the circumstantial statement of a drinking driver, and investigation report (in the event of a drinking driver, investigation into the passenger G

1. Previous convictions: Criminal records, investigation reports (Attachment to judgment and attachment), judgment, application of summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on the Crime and Articles 148-2(1) and 44(1) of the Road Traffic Act that apply to the choice of a criminal offense, the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following circumstances favorable to the defendant among the reasons for sentencing)

1. 법률상 처단형 : 징역 1년∽2년 6월

2. Determination of sentence: A sentence of imprisonment with prison labor for one year shall be divided in depth by the defendant, and a favorable condition for the defendant shall be recognized, such as the circumstances in which the defendant committed a serious physical accident;

However, the crime of this case was committed under the influence of alcohol even though the defendant was punished for drunk driving, and the risk and social harm of drunk driving is very serious, and the statutory punishment for the crime of drunk driving has been continuously aggravated due to changes in the legal sentiment of the general public.

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