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(영문) 대전지방법원 2021.01.28 2020고단4885
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Power of crime] On June 27, 2008, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court.

[2] On October 24, 2020, the Defendant driven D SP car under the influence of alcohol content of about 0.115% from the 3km section from the 3km section from which it is impossible to identify the name near the Daejeon Seo-gu Daejeon University, Seo-gu, Daejeon to the road front of the Daejeon Seo-gu basin hot spring shooting range.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of crackdown on the driving of alcohol, report on the situation of the driver under the influence of alcohol, report on the situation of the driver under the influence of alcohol, on-site photographs, and inquiry into the results of crackdown on the driving of alcohol ( October 24, 2020), investigation report (report on the situation of the driver

1. Previous convictions in the judgment: (A) a reply to inquiry, such as criminal history, reporting on the results of a previous conviction in the disposition (No. 48439), verifying the records of drinking, and making inquiries about the results of crackdown on driving alcohol (No. 2020), applying statutes;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under 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 is likely to commit the instant crime and to criticize it.

The defendant's blood alcohol concentration is high at the time of the crime, and the driving distance is also long, and the quality of the crime and the circumstances of the crime are not easy.

However, the defendant recognized the crime of this case and took the attitude of reflecting his mistake.

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