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(영문) 대전지방법원논산지원 2020.10.27 2020고단320
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for two years.

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

On October 19, 2012, the defendant was punished by a fine of one million won for the violation of the Road Traffic Act in the Daejeon District Court's branch court on October 19, 2012, and the records of the same punishment are added once more.

At around 09:20 on May 20, 2020, the Defendant driven B 4.5 tons of Korean gympic trucks in the state of alcohol alcohol concentration 0.225% at a section of about 3 km from the Daecheon Port Parking Lot located in the New Black East-si to the front road of Taecheon Tolol in the same city.

Accordingly, the defendant was driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the control of drinking driving and on the circumstantial statement of a drinking driver;

1. The results of inquiry, such as criminal records, etc., of an investigation report (applicable to a reduced alcohol density), and the application of Acts and subordinate statutes on investigation reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

1. There are a large number of criminal offenses on the grounds of sentencing under Article 62(1) of the Criminal Act, such as probation, order to attend a lecture, and order to provide community service order Article 62-2 of the Criminal Act, which include two times the previous offenses of fine due to drinking driving

Nevertheless, the Defendant also caused an accident that scambling the shock absorption device near Tol, while driving a breathly.

In particular, the defendant is driving 4.5 tons of cargo trucks under the condition of 0.225% of the running, while driving as a business, which is very dangerous act.

When considering the circumstances favorable to the defendant, the fact that the defendant has committed a mistake and is against the defendant's will be considered.

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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