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(영문) 대전지방법원 2020.04.24 2020고단665
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 June 10, 2008, the Defendant received a summary order of KRW 2.5 million from Daejeon District Court due to a violation of the Road Traffic Act.

Although the Defendant had been punished for drunk driving, on January 22, 2020, at around 00:45, the Defendant driven Done Starex vehicle under the influence of alcohol concentration of approximately 0.116% from the 6km section from the Seo-gu, Seo-gu, Daejeon to the roads near Daejeon-gu, Daejeon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification of the results of the regulation of drinking driving, and numerical photographic photo of the results of measurements of a drinking driver;

1. Application of Acts and subordinate statutes to investigation reports (report on confirmation of the same kind of power), criminal records, and the results of inquiry;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the defendant was punished by a fine of 2.5 million won due to drunk driving in 2008, the drinking driving of this case again led to the defendant's drinking driving. The defendant's vehicle, who reported the defendant's driving under the influence of driving under the influence of alcohol at the time of this case, reported to 112 and was exposed to the 112 and was exposed to the defendant. However, the defendant was aware of the mistake and there was a conflict with the defendant's age, character, character, criminal record, criminal record, family relation, motive, means and consequence of the crime, and other various sentencing conditions indicated in the arguments and the records of this case, such as the defendant'

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