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(영문) 대전지방법원 천안지원 2021.03.19 2020고단3427
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

[Power of crime] On January 7, 2008, the defendant was issued a summary order of KRW 2 million as a crime of violating road traffic law in the support of the Daejeon District Court on January 7, 2008.

[2] On December 1, 2020, the Defendant driven three freight vehicles with alcohol content of at least 0.120% among blood alcohol level from the roads near the Daejeon-gu Branch Office of Employment and Labor Agency located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-si to the roads front of the Dong-gu, Daejeon-gu Office of Employment and Labor, to approximately 1.5km to the roads in front of the apartment unit B of the same Gu.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol, a copy of the report on the circumstances of the driver under driving alcohol, and a copy of the ledger using measuring instruments;

1. Application of replys to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation status (verification of the same type of force);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 requires strict punishment for crimes that pose a high risk of harm to the life and body of others.

The amount of alcohol concentration in the blood measured is not lower than 0.120%.

In the past, even though the defendant has been punished several times due to drinking driving, there is a high possibility of criticism in that the crime of this case has been committed.

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

There was no accident.

No criminal punishment exceeding a fine shall be imposed.

In addition, the defendant's age, sex, environment, motive, means and consequence of the crime, and various circumstances revealed in the trial process, such as the situation after the crime, shall be determined as the sentence.

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