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(영문) 대전지방법원 2020.10.29 2020고단2814
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by imprisonment for two years;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On August 20, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Daejeon District Court on August 20, 2009, and the said order became final and conclusive on November 10, 2009. On January 7, 2015, the court received a summary order of KRW 1.5 million for the same crime, and the said order became final and conclusive on January 30, 2015. On September 28, 2017, the same court received a summary order of KRW 5 million as a fine for the same crime and received the summary order of KRW 5 million on November 15, 2017.

At around 06:00 on May 1, 2020, the Defendant driven a motor bicycle in approximately 200 meters away from the Do in front of a restaurant in the large exhibition Dong-gu B to the front road of the same Gu while under the influence of alcohol content of 0.281%.

Summary of Evidence

1. Defendant's legal statement;

1. On-site records of the fact that a report on the actual statement of the circumstances of a drinking driver is filed (report on the circumstances of a drinking driver) an internal investigation report (application of the model of the drinking driver), and previous records of holding on-site photographs as a result of the control of drinking and driving: Application of Acts and subordinate statutes to the inquiry report and the investigation report (report

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. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service, and order to attend a course under Article 62(1) of the Criminal Act was that at the time of the instant crime, the Defendant’s blood alcohol concentration reaches 0.281%.

Nevertheless, the defendant has greatly increased the risk of traffic accident by driving a vehicle in accordance with its reasoning, and eventually, the occurrence of a traffic accident involving two parked vehicles has occurred, so the illegality of the crime is serious.

In particular, the defendant committed the crime of this case again even though he had been punished three times for the same crime as the previous crime in the past, and since there is a high possibility of criticism for the crime of this case, it is necessary to punish with heavy punishment.

However, the defendant recognizes all of the crimes of this case and reflects them, and the defendant is identical.

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