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(영문) 대전지방법원 2019.09.20 2019고단2956
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

Criminal facts

On May 18, 2017, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act.

On July 7, 2019, at around 03:25, the Defendant driven a e-motor vehicle under the influence of alcohol level of about 0.101% from a 100-meter section from the front of a convenience store in Class C B to the front of a Class D officetel.

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. Report on the results of the crackdown on drinking driving, inquiry into the results of the crackdown on drinking driving, investigation report, and circumstantial statement of a drinking driver;

1. A copy of the ledger on use of drinking meters, the ledger of driver's licenses for motor vehicles, and the register of motor vehicles;

1. Previous convictions indicated 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. Mitigation of discretionary work and consideration under Articles 53 and 55 (1) 3 of the Criminal Act (such as circumstances in which he/she repents wrongs in depth);

1. Article 62 (1) of the Criminal Act of the Suspension of Execution (In light of the danger and seriousness of harmful effects of a sound driving, the degree of alcohol concentration in the blood at the time, and the circumstances in which the defendant committed a reverse behavior, the liability for the crime was extremely unreasonable, the distance of operation did not occur, and the accident did not occur even before the previous conviction, and there was no previous conviction except for the previous conviction, and the circumstances that are favorable to the economic situation, such as the situation, etc. that are difficult due to the suspension of operation of the employee due to the excessive attendance of the employee accompanying

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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