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(영문) 대전지방법원천안지원 2020.08.10 2020고단1251
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 March 9, 2010, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) at the Seocheon Branch of the Daejeon District Court on July 22, 201, a summary order of KRW 6 million for a fine of KRW 7 million for a violation of the Road Traffic Act (driving) at the Seocheon Branch of the Daejeon District Court on July 22, 201, and a summary order of KRW 7 million for a fine of KRW 7 million on January 7, 2013 at the Seocheon Branch Branch of the Daejeon District Court on January 7, 2013.

On May 6, 2020, the Defendant, while under the influence of alcohol, driven a truck under the influence of alcohol with a blood alcohol concentration of 0.228% at the 1km section from the Do in front of the building C in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, Seoul, to the 17 central Dong Administrative Welfare Center parking lot of approximately 1km.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. On-site photographs;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (related to the same kind of suspect's power), and application of Acts and subordinate statutes of three copies of related summary orders;

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

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

3. Grounds for sentencing of Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not less than two years but not more than five years;

2. Not applying the sentencing criteria: The sentencing criteria are not yet prepared for the crimes of violating the Road Traffic Act;

3. The decision-making driving of a sentence is a crime which may bring the life of a person as well as his own, and is highly dangerous.

The defendant, like the records in the judgment, has been punished as a drinking driving multiple times, but driving is again conducted, and the responsibility for such crime is not less complicated.

The blood alcohol concentration level is very high.

In addition to drunk driving, the defendant has been punished several times.

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