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(영문) 대전지방법원천안지원 2020.08.21 2020고단1378
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 13, 2006, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) as well as a fine of KRW 2 million for a violation of the Road Traffic Act (driving on March 23, 2010) at the Seog Branch Branch of the Daejeon District Court on September 13, 2006. On September 12, 201, the Defendant was sentenced to a summary order of KRW 2 million for a violation of the Road Traffic Act (driving on Drinking). On September 12, 2012, the Defendant was sentenced to a suspended sentence of 8 months for a violation of the Road Traffic Act (driving on Drinking) in the Seocheon Branch Branch of the Daejeon District Court

around 22:45 on May 8, 2020, the Defendant driven B rocketing car at approximately 1.5 km from the front of the direct mountain Eup office located in the Seoan-gu, Seoan-gu, Seoan-gu, Seoan-si, Seoan-gu, Seoan-si to the parallel of business located in Seoan-gu, Seoan-gu, Seoan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement and D of the occurrence of a traffic accident in C;

1. A copy of the traffic accident report (on-site survey report), traffic situation report, site and photograph of vehicles, inquiry of the results of crackdown on drinking driving, statement of the circumstances of a drinking driver, and the register using measuring instruments;

1. Application of replys to inquiries, such as criminal records, investigation reports (informating written judgments and summary orders), and statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act requires a strict punishment for a crime that is highly dangerous to harm the life and body of others.

The blood alcohol concentration measured is very high to 0.171%, and the risk of the act is high, such as the opening of the road in the state of detention.

In the past, even though the defendant has been sentenced to a fine twice due to drinking driving, and one time to suspend the execution of imprisonment, the defendant has committed the same crime in the same time, so it is inevitable to sentence a sentence in the same time.

However, the defendant recognizes his mistake and is against his will.

The scale of damage caused by an accident is not large.

(b) be supported.

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