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(영문) 대전지방법원 2019.05.10 2019고단776
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

On July 1, 2008, the Defendant issued, at the Daejeon District Court, a summary order of KRW 1,000,000 as a fine for a violation of the Road Traffic Act, and on February 24, 2010, a summary order of KRW 3,00,000 as a fine for a violation of the Road Traffic Act (driving) by the same court, respectively, and on March 10, 2015, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) by the same court.

On February 25, 2019, at around 23:20, the Defendant driven a DSS6 car under the influence of alcohol level 0.068%, while under the influence of alcohol level 0.068%, from the front side of Yangyangdong-dong, Daejeon to the front side of C in Daejeon Dong-gu, Daejeon.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle in a drunken state.

Defendant

In addition, criminal facts were revised to the extent that there is no infringement of the right of defense of counsel.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notification of the results of the drinking-driving control, inquiry into the actual results, report on the circumstantial statements of the drinking-driving driver, circumstantial report on the occurrence of accidents, arrest report on the occurrence of accidents, the ledger of driver's licenses for motor vehicles, and making an inquiry into

1. Drinking control photographs;

1. Previous convictions in judgment: Criminal records, investigation reports (Attachment of a summary order in the same case), each summary order, and application of statutes governing the judgment;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter “the reason for sentencing”) is that the Defendant misunderstandings in depth, and the blood alcohol concentration level is relatively high, and the Defendant does not immediately drive a drinking and drink at the Defendant’s office near the restaurant after drinking alcohol, but rather sees that 4-hour alcohol level is changed.

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