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(영문) 대전지방법원 2020.01.31 2019고단4398
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

On September 23, 2015, the Defendant received a summary order of KRW 5,00,000 from the Suwon District Court as a crime of violating the Road Traffic Act.

1. On September 22, 2019, at around 03:45, the Defendant driven a B-hand car under the influence of alcohol content of 0.110%, at a section of approximately 1.5km from the front of a cafeteria, which is located in Seocheon-gu Daejeon, Seocheon-gu, Daejeon to the front of the lowest distance in Seo-gu, Daejeon.

2. On October 30, 2019, at around 22:05, the Defendant driven a motor vehicle with the highest alcohol level of about 10 meters from the front of the D cafeteria located in Daejeon Jung-gu to the front of the F cafeteria located in E, while under the influence of alcohol level of about 0.145%.

Accordingly, the defendant violated the Road Traffic Act prohibition regulations at least twice.

Defendant

Since there is no concern about infringement of the right of defense of the counsel, the facts charged were added to the facts charged in line with the purpose of the legal text.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of the police against the accused and a copy of the police interrogation protocol of G;

1. Criminal place, 112 Report Handling List, 112 Report Handling List, Inquiry into the Results of the Regulation of Drinking Driving and Notification of Results, Report on the circumstantial statement of a drinking driver, report on a drinking driver, response to requests for appraisal and written expert opinion (concentration of alcohol in blood), report on detection of drinking drivers, and ledger of the use of a drinking measuring instrument;

1. The register of driver's licenses for motor vehicles and car registers;

1. Photographs, such as field photographs, drinking mode, etc.;

1. Previous convictions indicated in judgment: Application of criminal records and summary order statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. The danger and harm of drinking-driving under Article 62(1) of the Criminal Act is serious, and it is time to keep the control of drinking-driving under Article 1 of the Criminal Act.

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