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(영문) 대전지방법원천안지원 2020.09.04 2020고단1502
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On June 9, 2010, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court’s Incheon District Court’s branch on September 17, 2014, a summary order of KRW 2 million as a fine for the same crime in the same court on September 17, 2014, and a summary order of KRW 5 million as a fine in the same court on November 30, 2015, respectively.

【Criminal Facts】

Although the Defendant was punished for a violation of the Road Traffic Act as above, on April 8, 2020, the Defendant driven a D QM6 car under the influence of alcohol with approximately 15km alcohol concentration of about 0.143% from the section of 15km to the road front of the direct mountain distance located in the Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-si, Seoan-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the detection of drinking drivers' exposure, report on the circumstantial statement of a drinking driver, notification of the results of crackdown on drinking driving, field photographs, report on 112 cases, report on internal investigation, report on internal investigation, and report on internal investigation, etc.;

1. Application of a reply to inquiries, such as criminal records, and each summary order;

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 considerably high by 0.143%.

The danger of the act is considerably high, such as the detection by the report while driving in danger of signal violation and dangerous driving.

After the detection, the non-cooperation attitude was also seen in the investigation.

Above all, in the past, the defendant has been sentenced to three times of a fine due to drinking driving, and even if he had been tried for a case of escape after having caused a drinking accident, it is inevitable to sentence a sentence at once in that he repeats the same crime.

(b).

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