(영문) 대전지방법원 2020.04.10 2020고단320

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 대전지방법원 2020.04.10 2020고단320

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a term of one year and three 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 August 31, 2007, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act at the Daejeon District Court for eight months.

On November 4, 2019, at around 21:42, the Defendant driven a motor vehicle Ewing-III while under the influence of alcohol 0.236% in the section of about 50 meters from the front of the Sejong B “C” to the front of D in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, inquiry report, inquiry request for appraisal, and notification of the results of the regulation of drinking driving;

1. Application of each summary order, each judgment, and written results of inquiry to Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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;

1. The reason for sentencing in Article 62-2 of the Criminal Act on probation and order to attend a lecture is 1.5 million won for a drunk driving in 2002, 4 million won for a fine of 1.5 million won for a drunk driving in 2004, 2004 for a drunk driving in 2007, and 8 months for a drunk driving in 2007, but the vehicle and the opposite vehicle of the defendant who was parked at the opposite side of the opposite line while driving the vehicle while driving the vehicle under the influence of 0.236% for a drunk driving in 207. However, the vehicle and the opposite vehicle of the defendant are exposed to the opposite side of the opposite line. However, the defendant's mistake is recognized and against the fact that the defendant was seriously injured by the accident of this case, the defendant's age, character and behavior, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined as the sentence

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