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(영문) 대전지방법원 2021.02.09 2020고단5030
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 28, 2010, the Defendant received a summary order of KRW 1,00,000 as a crime of violating the Road Traffic Act (drinking driving), and on March 12, 2014, the above court issued a summary order of KRW 4,00,000 as a fine for the same crime, but on October 21, 2020, on around 21:51, the Defendant driven a vehicle of approximately 1 km from the front side of the Seo-gu Daejeon District Court in Daejeon to the front side of the Daejeon-gu Daejeon District Court from around 0.110% of alcohol content during blood.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving under the influence of liquor, report on the situation of the driver under the influence of liquor, investigation report (report on the situation of the driver under the influence of liquor), notification of the results of crackdown on driving under the influence of alcohol and inquiry into the results

1. The driver's license ledger and the driver's license ledger;

1. Previous conviction: Inquiry into criminal history, investigation report (Attachment of a summary order relating to drinking driving), application of summary order Acts and subordinate statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the accused) of the mitigated amount;

1. Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) requires strict punishment in light of the danger and seriousness of deliberation on the harm of drinking driving, the number of alcohol level at the time shall not be driven absolutely, in light of the distance of operation, etc., the responsibility for the crime is heavy, and the criminal records in the judgment are highly likely to be subject to criticism, etc.), but the circumstances are recognized as unfavorable to the defendant, such as the defendant's mistake was unfolded, and the accident was not occurred, and circumstances favorable to the defendant,

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;

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