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(영문) 대전지방법원논산지원 2020.10.20 2020고단364
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

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 October 11, 201, the Defendant received a summary order of KRW 3 million for a crime of violation of the Road Traffic Act, from the Daejeon District Court’s Branch Branch, and on December 29, 201, the Defendant received a summary order of KRW 3 million for the same crime from the Jeonju District Court’s Military Mountain Branch.

On May 25, 2020, at around 11:06, the Defendant driven C C C in a section of about 20 km from the front side of the cross-fluoral end in the semi-fluoral-fluoral-fluoral-fluor-fluor-fluor-fluor-fluor-fluor-fluor-fluor-fluor-fluor-fluor-fluor

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Notification of the defendant's legal statement and the control of drinking driving;

1. The circumstantial statement of the employee;

1. Inquiry reports, such as criminal records, and application of court rulings and statutes;

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. The reason for sentencing of Article 62-2 of the Criminal Act Article 62-2 of the Act on the Suspension of Execution is that the Defendant, in spite of two times prior to the fine due to drunk driving, was running under the influence of alcohol.

At the time, the blood alcohol concentration of the defendant was very high to 0.183%, and even if the traffic accident occurred frequently, it is reasonable to keep the drinking distance.

When considering the circumstances favorable to the defendant, the fact that the defendant has committed a mistake and is against the defendant's will be considered.

In addition, the defendant's age, character and conduct, criminal records, circumstances, circumstances surrounding crimes, and circumstances after crimes, etc. shall be determined as per Disposition in consideration of the overall circumstances shown in the arguments in this case.

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