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(영문) 대전지방법원 2021.01.29 2020고단3987
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

On October 27, 2016, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Daejeon District Court.

On August 21, 2020, the Defendant driven a F Sota car with approximately KRW 800m alcohol concentration from around the Daejeon Pungdong B to the front road in D, at a distance of about 00m from around August 21, 2020 to about 0.113% of alcohol concentration in blood.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol 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. Investigation report on the actual condition of a traffic accident, notification of the results of regulating drinking driving, inquiry into the results of the accident, statement of the circumstances of the driver in charge, and report on the situation of the driver in charge;

1. Registers of driver's licenses and vehicle registration certificates;

1. A photograph of a vehicle at the scene of an accident, CCTV image photograph at the scene of an accident, and CCTV image data at the scene of an accident;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (Attachment of a summary order with the suspect's drinking and non-licensed driving power), application of summary order-related Acts and subordinate statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the accused) of the mitigated amount;

1. Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 of the same Act) (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 of the same Act), the liability of the accused is heavy in light of the danger and seriousness of harm caused by drinking driving, the degree of alcohol content

1. Protection and observation, community service and order to attend lectures under Article 62-2 of the Criminal Act;

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