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(영문) 대전지방법원 2020.09.03 2020고단1727
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 July 20, 2018, the Defendant was issued a summary order of KRW 3 million by the Daejeon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 10, 2020, at around 05:30, the Defendant driven a DMW car with approximately 22 km alcohol concentration of about 0.14% from the 22km section to the roads adjacent to the Guns of Sejong Special Self-Governing City, one of which is located in Seo-gu, Seo-gu, Daejeon.

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

Summary of Evidence

1. Notification of the result of the prosecution's examination of the accused's interrogation of the suspect's suspect's interrogation report on the accused's statutory statement, the report on drinking drivers' circumstantial statement, the ledger using the drinking measuring instrument, the results of the crackdown on drinking driving, field photographs, the 112 reported case handling table, the next-time investigation report on the accused's inquiry (report on the circumstances of drinking drivers), the investigation report (Listening to the Eline statement of the witness), and

1. Previous convictions in judgment: Application of the results of inquiry (A), investigation report (related previous convictions and confirmations), Daejeon District Court Decision 2018 High Court Decision 5677 and summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act requires the punishment corresponding to the crimes that may cause serious damage to the life, body and property of others.

Although the Defendant had a record of punishment once due to drinking driving, the Defendant committed the instant crime and has a high possibility of criticism.

At the time of the crime of this case, the blood alcohol concentration of the defendant is high, and the distance driven by the defendant is also long, and the quality of the crime and the circumstances of the crime are not easy.

However, the Defendant committed the instant crime.

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