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(영문) 대전지방법원천안지원 2020.11.13 2020고단2341
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 22, 2006, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution for the crime of violating the Road Traffic Act in the support of the Daejeon District Court of Daejeon District on December 2, 2006.

Although the Defendant was punished for a violation of the Road Traffic Act (driving) as above, at around 18:20 on July 24, 2020, the Defendant was driving a E-Ler under the influence of alcohol with approximately 100 meters alcohol concentration of approximately 0.219% from the section of 100 meters to the above B, via D’s front road located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul.

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

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a report on the occurrence of a traffic accident, a site photograph of the accident, a report on the circumstances of a drinking driver, an inquiry into the results of crackdown on drinking driving, a ledger using a drinking measuring instrument, and an appraisal report;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation status;

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. The Defendant’s reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is to recognize and reflect his/her mistake.

There was no personal damage.

There is no detection of drinking driving after 2007.

However, drinking driving needs to be strictly punished for crimes that are highly dangerous to harm the life and body of others.

The blood alcohol concentration measured is very high to 0.219%.

Above all, since the defendant has been sentenced four times of a fine due to drinking driving and one time of a suspended sentence of imprisonment even though he had been sentenced to a fine due to drinking driving in the past, the crime of this case has been committed at the same time, it is inevitable to

In addition to this, the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering various circumstances.

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