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(영문) 대전지방법원 2021.02.04 2020고단4996
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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 history] On November 23, 2006, the Defendant issued a summary order of KRW 1.5 million for a violation of road traffic law at the Daejeon District Court, which was sentenced to a summary order of KRW 3 million for a fine of KRW 3 million for a violation of road traffic law at the Daejeon District Court on April 3, 2007, and the summary order of KRW 5 million for a violation of road traffic law at the Daejeon District Court on March 7, 2016.

[2] On August 26, 2020, the Defendant: (a) while under the influence of alcohol from around 01:00 to around 0.273% of alcohol during blood, the Defendant driven BM7 car at a 1km section from the front of the Seosung-dong Yusung-dong Yusung-dong, Daejeon Pungdong to the north-ro 77 (Songdong-dong), and violated the prohibition of drinking driving at least twice.

Summary of Evidence

1. For the accused's legal statement or internal report, notification of the result of crackdown on driving alcohol, notification of the fact-finding report, and previous records of judgment on the scene of crackdown on drinking alcohol: He/she shall refer to inquiries, such as criminal history, and make an investigation report (Attachment of a summary order before and after

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than two years and not more than six months;

2. Circumstances disadvantageous to the defendant: The Road Traffic Act provides that a person who drives a vehicle under drinking on at least two occasions shall be punished by imprisonment with prison labor for not less than two years but not more than five years (the person shall be punished by imprisonment with prison labor for not less than one year but not more than two years, even if the person is mitigated);

The defendant has three times the records of the crime that he was fined due to drinking driving, as stated in the judgment.

The blood alcohol concentration level is very high.

Circumstances favorable to the defendant: Suspension of imprisonment with prison labor.

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