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(영문) 대전지방법원공주지원 2020.09.25 2020고단346
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 15, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the official capital support of the Daejeon District Court, and a summary order of KRW 3 million for the same crime in the same court on June 21, 2012, respectively.

【Criminal Facts】

On July 14, 2020, at around 22:10, the Defendant driven an E QM6 vehicle under the influence of alcohol level of about 500 meters from the 500-meter section from the front of the public city of the Defendant’s residence to the front of the D cafeteria located in C.

Summary of Evidence

1. Details of the Defendant’s legal statement, records of his/her oral statement, reports on his/her parliamentary statement, investigation reports, field photographs, explanation of CCTV data, and CCTV CDs;

1. Previous convictions in judgment: Application of criminal records and investigation reports, and 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 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the probation and community service order, the order to attend lectures, the age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime of this case, and all the sentencing factors expressed in the process of the trial, including the circumstances after the crime, shall be determined as ordered in comprehensive consideration.

3. Unfavorable circumstances: A person who repeatedly commits the same kind of crime even though he had a previous record of driving under the influence of alcohol in 2004, 2009, and 2012) 3 times (2004, 2009, and 2012) and repeatedly commits the same crime, the degree of blood alcohol concentration is extremely high: The degree of driving distance is not relatively long, and the driving distance is not a criminal record

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