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(영문) 대전지방법원 천안지원 2020.01.09 2019고단2657

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 September 23, 2015, the Defendant was issued a summary order of KRW 6 million as a fine for a violation of the Road Traffic Act in the support of the Daejeon District Court on September 23, 2015.

On October 19, 2019, around 15:41, the Defendant driven a F bargaining car in the state of alcohol alcohol concentration of about 0.188% at the section of approximately 3.5km from the front side of the Asan City B apartment Cdong parking lot to the front side of D located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs of the vehicles, etc., report on the situation of driving under the influence of alcohol, report on the situation of driving under the influence of alcohol, report on the results of the influence of drinking driving under the influence of alcohol, copy of the register of measuring instruments for driving under the influence of alcohol, and

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to summary orders);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting the crime.

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

1. Probation and community service order Article 62-2 of the Criminal Act: (a) the Defendant’s erroneous recognition of and reflects the depth of sentencing; (b) the Defendant again committed the instant crime despite having been punished for the same kind of crime; (c) the Defendant’s blood alcohol concentration and driving distance; and (d) the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime; and (c) the circumstances after the commission of the instant crime; and (d) various sentencing conditions specified in the argument of the instant case