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(영문) 대전지방법원 2021.01.13 2020고단4172
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 history] On June 27, 2017, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court.

[2] On August 16, 2020, the Defendant driven B K7 cars under the influence of alcohol content of approximately 0.114% from the portion of approximately 5.7km to the road front of the business site for the construction of the Daejeon Urban Railroad located in the Dong-ro 270, Dong-ro, Dong-ro, Dong-gu, Daejeon Special Metropolitan City (Seoul Special Metropolitan City) around 03:37, the Defendant driven B K7 cars under the influence of alcohol content of about 0.114%.

Accordingly, the Defendant violated the Road Traffic Act prohibiting driving of a motor vehicle under the influence of alcohol at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of inquiry letter, investigation report (suspects, previous convictions and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although Article 62-2 of the Criminal Act of the Order to Attend a lecture has a history of driving drinking once the reason for sentencing, the sentence as ordered is determined by comprehensively taking account of various sentencing conditions under Article 51 of the Criminal Act, such as the fact that there is no other criminal records, drinking water, drinking water, and other criminal records, drinking water, and the defendant's age, sexual behavior, environment, etc.

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