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(영문) 대전지방법원 2020.09.23 2020고단2485
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

【Criminal Power】 On October 6, 201, the Defendant issued a summary order of KRW 1 million in fines for a violation of the Road Traffic Act at the Daejeon District Court, and a summary order of KRW 2 million in fines for the same crime at the same court on May 8, 2013, respectively.

【Criminal Facts】 On May 25, 2020, at around 21:55, the Defendant driven a B-to-purd vehicle under the influence of alcohol level of approximately 500 meters from a distance of about 500 meters from the front of the printing shop in the Daejeon Dong-dong, Daejeon to the front road of the same Dong-dong, Dong-dong, Dong-dong, Dong-dong, Seoul, to the front road of the same Gu.

As a result, the defendant, despite the fact that he violated the Road Traffic Act's prohibition of drinking driving, driven a car while under the influence of driving again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Division: Application of the Acts and subordinate statutes to inquiry reports and investigation reports (report on the results of confirmation before the disposition);

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. Article 62 (1) of the Criminal Act;

1. In full view of the favorable circumstances, drinking alcohol level, driving distance, and other factors, such as the Defendant’s age, character, conduct, environment, etc., where there are two times the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the various factors of sentencing under Article 51 of the Criminal Act, which are shown in the records of the instant case.

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