(영문) 대전지방법원 2020.11.06 2020고단3499

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(영문) 대전지방법원 2020.11.06 2020고단3499

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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 February 7, 2018, the defendant was issued a summary order of KRW 3 million due to the violation of the Road Traffic Act in the Jeonju District Court's military mountain support.

On June 20, 2020, at around 03:18, the Defendant: (a) planned a car in the state of alcohol alcohol concentration of about 0.172% at a distance of about 50 meters to the front road of the cafeteria located in Daejeon Seo-gu D, Daejeon Seo-gu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the inspection of occurrence of the case, report on the state of the driver with the driver with the driver with the driving of the case, investigation report, notification on the results of the control of drinking driving, inquiry into the results of the control of drinking driving, and report on the state of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (attached to a summary order of the same kind of power);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a lecture, despite the fact that the defendant had been punished for drunk driving, and again, the defendant was driving under the influence of alcohol in this case at the time of the detection of the case, and the defendant was under the control of the police who was on patrol while driving under the condition of 0.172% alcohol concentration at the time of the detection of the case: Provided, That the fact that the defendant recognized the mistake and reflects it, and that the defendant's age, character, conduct and environment and all other sentencing conditions

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