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(영문) 대전지방법원 천안지원 2020.01.09 2019고단2517

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On October 19, 2007, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act in the Seocheon Branch of the Daejeon District Court on September 8, 2008, a summary order of KRW 1,50,000 as a same crime in the same court on September 8, 2008, and a summary order of KRW 2,50,000 as a fine for the same crime in the same court on November 5, 208.

【Criminal Facts】

On September 23, 2019, the Defendant driven Funst Cargo Vehicles with approximately 100 meters alcohol concentration 0.135% in the section of approximately 100 meters from the roads near Seo-gu, Seoan-gu, Seoan-si, Seoan City to the front roads in Seoan-gu, Seoan-si D.

Accordingly, the defendant was driven under drinking not less than twice.

On November 5, 2008, the Defendant issued a summary order of KRW 2.5 million for the violation of the Road Traffic Act, etc. at the Daejeon District Court's branch on November 5, 2008, the Defendant has three times the same driving skills.

【Criminal Facts】

At around 18:50 on September 23, 2019, the Defendant driven a KS-free truck at approximately 5km from the Do in front of the H Burial located in Seoan-gu, Seoan-gu, Seocheon-si to the J Apartment-dong road of the same Gu, while under the influence of alcohol by 0.103% of blood alcohol level.

Accordingly, the defendant was driven under drinking not less than twice.

Summary of Evidence

"2019 Highest 2517"

1. Defendant's legal statement;

1. On-site photographs, night-take drivers' circumstantial reports, investigation reports, notification of the results of the control of drinking driving, ledger of use of a drinking measuring instrument, and written confirmation of correction;

1. Requests for appraisal;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of the same criminal records), and three copies of summary order "200 high-speed260";

1. Defendant's legal statement;

1. Notification of the results of the regulation of drinking driving, report on the state of drinking drivers' standing statement, ledger of use of a drinking measuring instrument, and notification of the completion of correction;

1. Previous records of judgment: Criminal records, investigation reports (verification report of the same criminal records), and application of Acts and subordinate statutes of five copies of judgment;

1. Article 148-2 of the Road Traffic Act as to the facts of the crime concerned; and