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(영문) 대전지방법원 2020.12.16 2020고단4024
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

On June 24, 2014, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Daejeon District Court on June 24, 201, and a fine of KRW 1.5 million for the same crime at the same court on January 20, 2016.

Nevertheless, at around 00:20 on August 6, 2020, the Defendant, while under the influence of alcohol of 0.191%, was driving a Cirsom vehicle in the section of about 1 km from the vicinity of the solar distance near Daejeon-gu to the front of the same Gu.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on requests for appraisal, and report on the circumstances of the driver;

1. Records and records: The application of Acts and subordinate statutes to criminal records, reply reports;

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 there are two times the reasons for sentencing under Article 62-2 of the Criminal Act, there is no record of punishment exceeding the fine, it is against the fact that there is no record of punishment, drinking alcohol, and other conditions of sentencing under Article 51 of the Criminal Act that are shown in the records of this case, such as the age, character and conduct of the defendant and environment, the punishment as ordered shall be determined.

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