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(영문) 대전지방법원천안지원 2020.08.21 2020고단839

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 March 7, 2008, the Defendant issued a summary order of KRW 1 million with a fine of KRW 2 million with a fine of KRW 3 million with a fine of KRW 1 million with a charge of a violation of the Road Traffic Act (driving on June 4, 2010), a summary order of KRW 2 million with a fine of KRW 2 million with a charge of a violation of the Road Traffic Act at the Pyeongtaek District Court’s Pyeongtaek District Court’s site on April 6, 201, and a summary order of KRW 3 million with a fine of KRW 1 million with a fine of KRW 2 million with a penalty of a violation of the Road Traffic Act, respectively.

Around 18:50 on February 23, 2020, the Defendant driven a f-wing truck at a section of about 300 meters from the front side of the road located in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-si to the front side of the E Licensed Real Estate Agents located in Seoan-gu, Seoan-gu, Seoan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the investigation report, report on the occurrence of a traffic accident, report on the occurrence of an accident, site photograph of the accident, report on the circumstantial statement of a drinking driver, investigation report, report on the results of crackdown on driving under influence of alcohol, and copy of the ledger using the drinking emitting machine;

1. References to inquiries, such as criminal records, and application of three copies of written judgments;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act requires strict punishment for crimes that are highly dangerous to harm the life and body of others.

In this case, the measured blood alcohol concentration is considerably high by 0.122%.

The defendant has been sentenced to a fine of five times due to drinking driving and imprisonment one time, and the imprisonment of the defendant causes a death due to drinking driving.

Nevertheless, the Defendant was driving under the influence of alcohol with the law and another person's life.

However, the defendant recognizes his mistake and is against his will.

There was no personal and material damage.

There is no criminal punishment after 2012, and after the sentence has been sentenced to imprisonment in 197.