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(영문) 대전지방법원천안지원 2020.10.13 2020고단1893
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

[Criminal Power] On June 1, 2007, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) in the Daejeon District Court's Support for Incheon District Court.

【Criminal Facts】

Although the Defendant was punished for the above violation of the Road Traffic Act, around 21:58 on June 1, 2020, the Defendant driven an Eschton car under the influence of alcohol concentration of approximately 200 meters from a section of about 200 meters from the roads adjacent to the Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul to the front roads located in the Seocheon-gu, Seocheon-gu, Seocheon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the control of drinking driving, the use register of a drinking measuring instrument, and notification of the completion of correction;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, previous records of disposition and report on the results of confirmation (Attachment to summary order, etc.);

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 reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend the lecture is to recognize and reflect the error of the defendant, the fact that the defendant is a disabled person of Grade III, the defendant's family living together with his guidance, and the defendant again committed the crime of this case even though he had been punished one time due to the same kind of crime. The defendant again committed the crime of this case by taking into account the blood alcohol concentration and driving distance of this case and other defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, and other various conditions of sentencing as shown in the argument of this case.

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