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(영문) 대전지방법원 천안지원 2021.01.22 2020고단3043
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

[criminal history] On March 19, 2008, the Defendant was issued a summary order of KRW 3 million for a crime of violating road traffic laws in the Daejeon District Court's branch on March 19, 2008. On April 23, 2013, the same court was sentenced to a fine of KRW 4 million for a crime of violating road traffic laws (drinking). On October 17, 2019, the same court issued a summary order of KRW 12 million for a crime of violating road traffic laws (drinking).

[Criminal facts] On August 10, 2020, the Defendant violated the provision prohibiting driving of alcohol by driving the Eknife vehicle with alcohol concentration of about 0.197% under the influence of alcohol without obtaining a driver's license from around 500 meters in the section of around 04:0 on August 10, 202 to the front roads of D located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. Investigation report on the offender's place, actual condition, report on the occurrence of a traffic accident, the records of the accident, the records of the handling of the case reported, the records of the accident scene, photographs of the accident site, the records of crackdown on the driving of alcohol, the inquiry of the results of crackdown on the driving of alcohol, the statement of the driver's circumstances, the copy of the

1. Application of a reply to inquiry, such as criminal history, report on investigation (verification of criminal records of the same kind as the suspect) and statutes;

1. Article 148-2 (1), Article 44 (1) of the Road Traffic Act (or imprisonment with prison labor), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, drinking, and driving without a license need to be strictly punished for crimes that cause serious harm to the life and body of others.

The amount of alcohol concentration in the measured blood is considerably high 0.197%.

In the past, the defendant has been punished by a fine on several occasions due to drinking driving, and is punished by a fine for various traffic crimes, as well as by a sentence.

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