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(영문) 대전지방법원 천안지원 2020.05.13 2020고단80
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 16, 2015, the Defendant was sentenced to a suspended sentence of three years for a year due to a violation of the Road Traffic Act in a horizontal site site by the Suwon District Court on July 16, 2015, and was sentenced to a suspended sentence of three times for a violation of the Road Traffic Act (driving).

On December 19, 2019, at around 20:45, the Defendant driven a Fpoter cargo vehicle under the influence of alcohol 0.089% of blood alcohol concentration, with the volume of approximately KRW 400 meters from the front of the C Office located in Seo-gu, Seoan-gu, Seoan-gu, Seocheon-si B to the front of the Erhyan City located in Seoan-gu, Seoan-gu, Seoan-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, summary orders, and application of statutes governing judgment;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the following: (a) the Defendant again was subject to multiple criminal punishments for the violation of the Road Traffic Act; (b) the driving of the instant alcohol again; (c) the blood alcohol concentration of the instant case is considerably high; and (d) the Defendant recognized the commission of a crime; and (c) the sentence shall be determined as per the order.

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