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(영문) 대전지방법원 2020.08.21 2020고단2224
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[Criminal Power] On February 9, 2017, the Defendant issued a summary order of KRW 4 million at the Daejeon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On May 17, 2020, the Defendant, while under the influence of alcohol at around 04:38, driven an Estststa car at approximately 960 meters from the area around Daejeon Jung-gu B apartment to the D elementary school distance in the same Gu C from around 0.157% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement, investigation report, and report on the circumstances of the driving of a drinking driver;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Suppression photographs;

1. Previous records of judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The fact that the blood alcohol level at the time of the crime of sentencing under Article 62-2 of the Criminal Act is very high at 0.157%, the defendant, even though he had been sentenced to a fine due to drinking driving in 2017, has been running a drinking again for three years, and the defendant was under the influence of driving on the road at the time of driving under the influence of alcohol in this case, and the fact that the defendant was under the influence of stopping on the road at the time of driving under the influence of alcohol in this case.

On the other hand, in light of the fact that the defendant recognized the crime of this case and reflects his mistake in depth, the health condition of the defendant seems to be insufficient due to the storm and hive disc, etc., and the health condition and economic situation of the defendant, etc., there is room for giving more opportunities to repent, etc., which are favorable to the defendant.

In addition, the defendant's age, character and behavior, environment, occupation, family relationship, etc. are recorded.

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