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(영문) 대전지방법원논산지원 2020.11.03 2020고단409
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 12, 2010, the Defendant was sentenced to a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act, and on October 25, 2016, the Defendant was sentenced to a suspended sentence of two months for a period of eight months in the same court.

On July 14:33, 2020, the Defendant driven a rocketing taxi from around 2 km to the front road of the dwelling in Yasan-si, 0.083% of alcohol level, under the influence of alcohol level 0.083%, from the front of the dwelling in Yasan-si to the front road in Yasan-si.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Inquiry reports, including criminal records of circumstantial statements from home-employed drivers, and the application of court rulings and statutes;

1. The reason for sentencing under Article 148-2(1), Article 44(1), Article 44(2) of the Road Traffic Act, the choice of criminal facts, and Article 53 and Article 55(1)3 of the Criminal Act, on which the Defendant’s blood alcohol concentration at the time of driving under the influence of alcohol, did not appear very high, and the occurrence of a traffic accident was not occurred in the course of driving.

However, the defendant was sentenced to a suspended sentence of imprisonment on October 2016 due to his refusal to take a drinking test.

Moreover, the Defendant was serving as a taxi engineer at the time of committing the instant crime.

(However, on the day of the instant case, it seems that the day of the instant case had been closed). In addition, all the sentencing factors shown in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, etc., shall

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