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(영문) 대전지방법원 천안지원 2020.02.20 2019고단3138
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 August 28, 2019, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act in the Daejeon District Court's Support for Incheon District Court on August 28, 2019.

On November 14, 2019, at around 02:00, the Defendant driven a D-hurd-hurt-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-purg-pur-pur-pur-pur

Accordingly, the defendant was a person who violated the prohibition clause of drunk driving twice and driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers' state statement, and investigation report (report on the state of drinking drivers);

1. Photographs related to traffic accidents;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, investigation reports (former records and court rulings);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

1. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act recognize and reflects the defendant's wrongness, and the offender wanting to take the defendant while living together, and the defendant again commits the crime of this case since three months have not passed since he had been punished for the same kind of crime even though he had served a single punishment. The defendant again commits the crime of this case by taking into account the blood alcohol concentration and driving distance, and other defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, and other various sentencing conditions as shown in the argument of this case.

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