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(영문) 대전지방법원논산지원 2020.10.13 2020고단336
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 December 7, 2017, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act in the Daejeon District Court Seosan Branch.

On June 17, 2020, at around 22:35, the Defendant driven a fa-purd motor vehicle under the influence of alcohol leveling 0.101% of alcohol level in the 1km section from the front of the “C point” located in the mountain of the mountain of the mountain of the mountain of the Republic of Korea to the front of the “Ediwon” located in the same city of the same city.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of the regulation on drinking driving, making a report on the situation of a drinking driver, criminal records, etc., and application of statutes of judgment;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution and Order to attend a lecture, and Article 62-2 of the Social Service Order Act, despite the fact that the Defendant was sentenced to a fine due to drinking driving on December 2, 2017, caused an accident where the Defendant, while driving at the same time, was faced with the vehicle of another person parked while driving at the same time, was seriously damaged by the said vehicle of another person, and the vehicle operated by the Defendant was also restored.

At the time, the blood alcohol concentration of the defendant was also significant.

In addition to the above fines, the fact that the defendant has no criminal record other than the above fines, and that the defendant has committed a mistake, and that the defendant is against the defendant shall be considered as favorable to the defendant.

In addition, the sentencing factors indicated in the pleadings of this case, such as the defendant's age, character and conduct, environment, background of crimes, circumstances after crimes, etc., shall be determined as ordered.

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