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(영문) 대전지방법원공주지원 2020.09.11 2020고단303
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 October 23, 2015, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) in the official capital support of the Daejeon District Court on October 23, 2015, and on November 25, 2016, the same court issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On June 28, 2020, at around 02:25, the Defendant driven a F Liber car with approximately 200 meters of alcohol level 0.101% under the influence of alcohol level 0.101% from the front of C in the official city B to the front of E-distance in D.

Summary of Evidence

1. Details of the Defendant’s legal statement crackdowns on the Defendant’s legal statement, reports on the status of the employer’s driver, investigation reports (report on the status of the employer’s driver);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of punishment records for drunk driving);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the probation and community service order, the order to attend lectures, the age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime of this case, and all the sentencing factors expressed in the process of the trial, including the circumstances after the crime, shall be determined as ordered in comprehensive consideration.

D. Unfavorable circumstances: A person who repeatedly committed the same kind of crime at the same time before the lapse of four years from the date of the previous crime even though he had already been charged two times of drinking driving, and the blood alcohol concentration is considerably high, and the signal was prevented, and the risk of the drinking driving cannot be easily seen: Recognizing and against the mistake, it seems clear that the social ties relationship that may assist the Defendant in the suppression of recidivism seems to be clear.

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