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(영문) 대전지방법원 천안지원 2019.11.28 2019고단2272
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 November 10, 2017, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the support of the Daejeon District Court on the Incheon District Court.

On September 7, 2019, at around 02:20, the Defendant driven a DNA rocketing car with a blood alcohol content of about 0.189% in a 10km section from the front of a cafeteria located in the Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-gu to the B apartment Cdong parking lot of approximately 10km.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the ledger using the drink of drinking alcohol, the report on the circumstantial statements of the drinking driver, and the investigation report (report on the circumstances of the drinking driver);

1. Photographs related to the case;

1. 112 reported case handling table;

1. Requests for appraisal, reports on blood alcohol appraisal, and inquiries on the results of the control of drinking driving;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (attached to summary orders);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act: Defendant’s wrong recognition of and reflects on the grounds of sentencing; Defendant again commits the instant crime despite having been punished twice for the same kind of crime; Defendant’s blood alcohol concentration and driving distance; Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime; Defendant’s motive, means and consequence; circumstances after the commission of the instant crime; and other various conditions of sentencing specified in the pleadings of the instant case shall be determined as ordered.

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