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(영문) 대전지방법원 천안지원 2021.02.17 2020고단3293
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 28, 2007, the Defendant received a summary order of KRW 2 million as a fine of KRW 3 million for a violation of road traffic law in the support of the Daejeon District Court on September 19, 2012, a fine of KRW 3 million for a violation of road traffic law (driving of alcohol) in the support of the Daejeon District Court on August 12, 2015, and a fine of KRW 5 million for a violation of road traffic law (driving of alcohol) in the support of the Daejeon District Court on Incheon District on August 12, 2015.

On November 23, 2020, the Defendant driven DMW car at approximately 0.059% of alcohol concentration in blood at approximately 300 meters from the front passage of the Nam-gu apartment house B in Nam-gu, Nam-gu, Namcheon-gu, Seoul Metropolitan City to the front direction of the Nam-gu, Nam-gu, Seoul Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at the main place of business and investigation report;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was punished several times for a violation of road traffic law (drinking driving), even though the defendant did not fully shoulder the preceding drinking, the amount of alcohol concentration in the blood of this case high, the defendant recognized the crime, and the fact that the defendant sold the vehicle of this case shall be determined as ordered by taking into account the fact that the defendant sold the vehicle of this case.

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