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(영문) 대전지방법원 2020.04.22 2020고단200
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 December 28, 2007, the Defendant received a summary order of KRW 700,000 from the Daejeon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On January 4, 2020, at around 06:10, the Defendant driven a car under the influence of alcohol with approximately 0.091% of alcohol level 0.091% in the section of about 3 km from the roads near Seo-gu, Daejeon to the front roads of the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and the circumstantial statement of a drinking driver;

1. Previous records of judgment: Criminal history records, investigation reports (verification of the records of punishment for drunk driving of a suspect and attachment of a summary order);

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;

1. Although the reason for sentencing under Article 62-2 of the Criminal Act was only one time of driving under the influence of alcohol again, the fact that the driving under the influence of alcohol again was conducted, there is no other criminal records other than the fine of two times including the above force, and the defendant's personal figures want the Defendant's prior location, drinking alcohol, driving distance, driving distance, the Defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and other circumstances constituting the condition for sentencing as shown in the argument of this case shall be determined as per the order.

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