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(영문) 대전지방법원 천안지원 2020.06.12 2020고단349
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 13, 2006, the Defendant issued a summary order of KRW 2 million for the crime of violation of the Road Traffic Act (driving) at the Seocheon Branch of the Daejeon District Court on July 14, 2008, the summary order of KRW 5 million for the crime of violation of the Road Traffic Act (driving) at the Seocheon Branch of the Daejeon District Court on July 14, 2008, and on June 26, 2014, the summary order of KRW 5 million was issued for the crime of violation of the Road Traffic Act (driving) at the official branch of the Daejeon District Court on June 26, 2014.

Although the Defendant was punished for a violation of the Road Traffic Act (driving) as above, the Defendant driven a DNA motor vehicle with blood alcohol concentration of about 0.031% in a section of about 300 meters from the Do near the Seo-gu B Complex in Seoan-gu, Seoan-gu, Yancheon-si to the same road adjacent to the same Gu C, on January 21, 2020.

Although the Defendant was punished for a violation of the Road Traffic Act (driving) as above, the Defendant driven a Maz car at a section of about 600 meters from the front side of the F in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu to the front side of the Hwest-gu, Seoan-gu, Seoan-gu, Seoan-gu, in the state of alcohol concentration of 0.16% around 00:00 on March 7, 2020.

Summary of Evidence

[200 Highest 349]

1. Defendant's legal statement;

1. A copy of the report on circumstantial statements of a drinking driver, notification of the results of the crackdown on drinking driving, and the use register of a drinking-free measuring instrument (2020 order791);

1. Defendant's legal statement;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, photographs on the scene of accidents, reports on the circumstantial statements of drinking drivers, notification of the results of crackdown on drinking driving, copy of the usage register of drinking meters;

1. Application of a reply to inquiry, such as each criminal record, three copies of the relevant summary order, and reporting on the results of confirmation before and after the disposition;

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant has reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

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