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(영문) 대전지방법원 천안지원 2020.01.31 2019고단3018
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 15, 2018, the Defendant issued a summary order of KRW 1,50,00 to a fine for violating the Road Traffic Act at the Chuncheon District Court on May 15, 2018.

On November 1, 2019, at around 21:57, the Defendant driven F Coin or car under the influence of alcohol 0.144% in a section of approximately 2.2 km from D, which is located in the same city B, Chungcheongnam-si, Chungcheongnam-si, to the front road of 219 meters in EFF direction.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Application of Acts and subordinate statutes to reply to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., conditions of sentencing favorable to reasons for discretionary mitigation of punishment);

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Provide community service and attend a lecture is a very dangerous crime that may raise the possibility of traffic accidents and may cause unexpected behaviors to the life and family of others as well as the occurrence of traffic accidents, and even if so, to prevent such crimes, the defendant is bound to bear strict responsibility. The defendant also causes the accident where his vehicle is recovered by lowering the crime of drinking driving in this case even though he had the record of punishment due to drinking driving in the judgment and recently, even though he had the record of punishment due to the crime of the crime in the judgment. Meanwhile, the defendant led to the occurrence of the accident where he is recovered by driving under the influence of alcohol in this case. Meanwhile, the defendant is led to the confession of and against the crime in this case, the defendant has no record of criminal punishment except the above fine

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