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(영문) 대전지방법원 2020.11.27 2020고단3430
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

At around 21:30 on July 29, 2020, the Defendant driven a rocketing car from around 50 meters from the Seo-gu Daejeon District Parking Lot to the front road of the D cafeteria located in C, while under the influence of alcohol of 0.26% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement;

1. Criminal place, traffic accident report, notification of the control of drinking driving, inquiry into the results of the fact, statement of the circumstances of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. Application of the ledger of driver's licenses and the laws and regulations governing car screening and video CDs;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as follows in favor of the accused);

1. The crime of this case under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act was committed under the influence of alcohol while the defendant was under the influence of alcohol even though he was under the influence of alcohol, and the danger and social harm of drunk driving are very serious, and the statutory punishment for the crime of drunk driving has been continuously aggravated due to changes in the legal sentiment of the general public. Furthermore, in order to prevent a serious sacrifice of the accident that is caused by drunk driving, it is necessary to punish the crime of drunk driving in order to prevent a serious sacrifice of the decent citizen. In fact, the occurrence of the accident occurred, and the blood alcohol concentration at the time was 0.26% at the time, which was 0 meters high, while the defendant was under the influence of 50 meters and was under the influence of driving without proper driving due to the impossibility of normal driving due to a lack of accident caused by the defendant, and even if the defendant was under the influence of alcohol at the time, the defendant was under the influence of alcohol at the time, even if he was under the influence of drinking.

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