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(영문) 대전지방법원 2020.04.22 2020고단76
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

On August 14, 2009, the Defendant received a summary order of KRW 1,50,00,000 from the Changwon District Court through the Changwon District Court as a crime of violating the Road Traffic Act.

On November 20, 2019, at around 23:50, the Defendant driven a motor vehicle from the front of the restaurant in Seo-gu Daejeon, Seo-gu, Daejeon to the roads adjacent to the same Gu D apartment, with a blood alcohol concentration of about 0.10% under the influence of alcohol level 0.10%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous record of judgment: Application of Acts and subordinate statutes of a summary order, such as criminal history records, probationary records to the Changwon District Court, about 2009 high-level 6383;

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. Although the reason for sentencing under Article 62-2 of the Criminal Act was only one time of driving under the influence of alcohol, the fact that the driving under the influence of alcohol again was conducted, etc. is disadvantageous, but there are no other criminal records other than the above previous forces, and the fact that the driving under the influence of alcohol does not lead to a large amount of accident, the amount of drinking alcohol, driving distance, and other criminal defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the circumstances constituting the conditions for sentencing as shown in

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