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(영문) 대전지방법원 천안지원 2020.01.09 2019고단2811
도로교통법위반(음주운전)등
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

On August 28, 2019, the Defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Daejeon District Court's Incheon District Court's Support for the Crime of Violation of the Road Traffic Act.

The Defendant, from July 1, 2019 to October 7, 2019, was in the state of suspending the validity of the driver’s license. On October 3, 2019, around 21:35, the Defendant driven an E horse-type car under the influence of alcohol with approximately 50 percent of blood alcohol concentration from the section of the section of the National Assembly of 50th, which was around 0.122% of blood alcohol concentration, from October 3, 2019 to D.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. 12Report sheet and report on internal investigation (F telephone conversations);

1. Ccafeteria receipt;

1. A copy of the ledger using a drink of drinking alcohol, notification of the results of the regulation of drinking driving, circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), copy of the correction notice, and inquiry into the results of the regulation of drinking driving;

1. Registers of driver's licenses (No. 24) and inquiries about administrative dispositions taken by the main office;

1. Previous convictions indicated in judgment: Criminal records, results of confirmation of the disposition and omission of disposition, and application of Acts and subordinate statutes of a report on investigation (verification of records of punishment for running

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act for orders to provide community service and attend lectures are recognized as a whole and contradictory to the defendant, and the defendant again commits the crime of drinking alcohol in this case during the period of license suspension due to the same crime (before trial). The defendant's blood alcohol concentration and driving distance, 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 arguments in this case shall be determined as ordered in consideration of all the above circumstances.

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