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(영문) 대전지방법원공주지원 2020.10.20 2020고단392
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 July 17, 2015, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in the official capital support of the Daejeon District Court.

【Criminal Facts】

At around 19:40 on August 3, 2020, the Defendant driven a D-hurd vehicle with a blood alcohol concentration of at least 0.03% in a section of about 200 meters from the front of the building B to the front of the public road in the public road in the public road in the public city.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. A survey report on the actual condition of the defendant's legal statement, a manual for enforcement, a field photograph of the investigation report (on-site report on the situation of the host driver), and a CD one;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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 drunk driving in 2002, 2004, and 2015) and repeatedly commits the same crime; a person who is parked while driving a motor vehicle while shocking, and does not have good conditions after committing the crime; a person who has a child to support him; a person who has a child to support him.

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