(영문) 대전지방법원 서산지원 2020.06.10 2020고단220

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(영문) 대전지방법원 서산지원 2020.06.10 2020고단220

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 3, 2012, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Seosan Branch of the Daejeon District Court on December 3, 2012. On November 18, 2016, the Defendant sentenced 10 months to imprisonment for a violation of the Act on the Control of Narcotics, etc. (fence) in the Seosan Branch of the Daejeon District Court on November 18, 2016. On July 22, 2017, the Defendant completed the execution of the sentence in the Seosan Branch of the Daejeon District Court

On January 3, 2020, the Defendant driven a rocketing car from approximately 1 km section from the front side of the Seogsan apartment to the front side of the Drownwon located in Seosan City, Seosan City, under the influence of alcohol by 0.132% of blood alcohol concentration on January 3, 2020.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, investigation reports (verification of sound driving records), and investigation reports (verification of crimes during the period of repeated crimes);

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. Article 35 of the Criminal Act among repeated crimes;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation include the fact that the defendant was punished as the same criminal records, the defendant committed the instant crime during the repeated crime period, the fact that the blood alcohol content is high, and the defendant’s age, character and behavior, environment, criminal background, and circumstances after the crime, etc. shall be determined as ordered by taking full account of all the following factors:

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