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(영문) 대전지방법원 홍성지원 2020.04.21 2020고단216
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by one year and six months.

Provided, That the above punishment shall be imposed for three years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On July 11, 201, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court.

【Criminal Facts】

1. Violation of the Road Traffic Act;

A. At around 23:30 on January 18, 2020, the Defendant driven a car in the Daco column with approximately 2km alcohol concentration of about 0.183% in the section of approximately 2km from the front day of the C-ro in Boan-si B to the terminal shooting distance in Boan-si.

B. On January 30, 2020, the Defendant driven an IGND DINK125 E-wheeled Baba while under the influence of alcohol concentration of approximately 0.095% in the section of approximately 1.5km from the F in Boan City E to the front of the H Brokerage Office located in G in the same city.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) drive the aforementioned otobs without mandatory insurance at the time and place specified in paragraph (1)(b) above.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition of traffic accidents, each report on the results of the control of drinking driving, blood alcohol appraisal, actual condition survey report and mandatory insurance (No. 22) ;

1. All on-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes related to investigation reports (related to judgment);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 and 44 (1) of the Road Traffic Act (a point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment, respectively;

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 fact that probation and an order to attend a lecture is highly necessary to eradicate drinking driving with the reason of sentencing under Article 62-2 of the Criminal Act, the degree of each blood alcohol level, the degree of drinking alcohol level twice in a short period, and the occurrence of a traffic accident, thereby causing the risk of recidivism, and the defendant's age, family, occupation, and other traffic accidents.

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