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(영문) 대전지방법원 천안지원 2021.01.22 2020고단3047

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On August 8, 2012, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating road traffic law in the Seosan Branch of the Daejeon District Court on August 8, 2012, and on June 5, 2014, the Defendant was issued a summary order of KRW 4 million for a crime of violating road traffic law (drinking driving), and on October 14, 2020, the judgment became final and conclusive on October 14, 2020.

[Criminal facts] On October 9, 2020, the Defendant driven a bscopbaCC car at approximately 80km to the point where it is about 0.031% alcohol level during blood alcohol level from the 80km section to the point where it is about 364.6km in the Gandong-si, Simri-si, Simri-si, Simri-si, Simri-si, Simri-si.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. The place of the offender, the arrest report of the case, the report on the situation of the driving of the drinking alcohol, the inquiry of the result of regulating the driving of the drinking alcohol, the report on the situation of the driver under the influence of the drinking alcohol, the report on the situation of the driver under the influence of the drinking alcohol, the notification of the

1. References to inquiries, such as criminal history, investigation status (verification of the same past record), reporting on the results of confirmation of previous records of the disposition, and application of Acts and subordinate statutes on the investigation status (verification of confirmation of a separate judgment);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

In the state of drinking, it is highly dangerous to act such as driving on an expressway.

The defendant.