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(영문) 대전지방법원 서산지원 2020.01.09 2019고단961

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

around 10:35 on September 23, 2019, the Defendant was able to drive a Category C truck with D 3 truck under the influence of alcohol level of about 0.206% from the section of about 50 meters from the road located in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-do to the above C parking lot, and was under the influence of alcohol level of 0.206%.

【Criminal Facts】

On September 23, 2019, at around 11:35, the Defendant driven the 3km section from the front road located in Seosan-si E to the front road of G in the same city with the blood alcohol concentration of about 0.220%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

around 10:35 on September 23, 2019, the Defendant driven a 3 truck with 0.206% alcohol level 0.206% under the influence of alcohol level from the 50-meter section from the c front road in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do to the said C parking lot.

Summary of Evidence

"2019 Highest 961"

1. Defendant's legal statement;

1. 112 reported case handling table;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Suppression photographs 2019Nomen 1126;

1. Defendant's legal statement;

1. A traffic accident report;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of Acts and subordinate statutes on accident site photographs;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of imprisonment, and the choice of each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 recognizes both unfavorable circumstances such as the fact that the defendant drives a drinking again immediately after he was subject to the primary control due to drinking driving and the fact that each drinking water is considerably high and the defendant's mistake is against all.