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(영문) 대전지방법원 2020.05.08 2020고단575
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 May 15, 2009, the Defendant issued a summary order of KRW 500,000 to a fine of KRW 500,000 for a violation of the Road Traffic Act at the Daejeon District Court on July 22, 2009.

On December 26, 2019, the Defendant, while under the influence of alcohol at around 21:38, driven a D car from approximately 2km to the front of the “C” road located in Daejeon Seo-gu Daejeon-gu Daejeon-gu, Daejeon-gu, under the influence of alcohol content of 0.085%.

Summary of Evidence

1. Defendant's legal statement;

1. Criminal place, notification of the results of the drinking driving control, inquiry into the results thereof, the circumstantial statement of a drinking driver, and control details; and

1. Provisional drivers' licenses:

1. Previous convictions indicated in judgment: Criminal records, investigation reports (previously used for running a sound driving and confirmation once), and application of Acts and subordinate statutes of a summary order;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following circumstances favorable to the accused):

1. In light of Article 62(1) of the Act on the Suspension of Execution and the seriousness of the danger and harm of drunk driving and the previous conviction of the judgment, the liability for the crime did not occur, the mistake did not occur in depth, and the accident did not occur frequently, and there was no criminal records other than the previous conviction of the judgment, and there was no time interval from the previous conviction of the judgment, and the defendant raised two children who were divorced and neglected in around 2009, and according to each of the records, such as the marriage relation certificate, the term loan agreement by the public defender, and E's application, etc. submitted by the public defender, it seems that the defendant was not paid the child support for the children from the former husband after the divorce, and according to each of the descriptions such as the back-up record, the back-up record and the confirmation certificate of hospitalization, etc., it seems that the health of the defendant is not good at present.

At present, the circumstances favorable to the defendant, such as the support for the high-ranking children who are currently prospective for employment, are clear.

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