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(영문) 대전지방법원 2020.10.16 2020고단2171
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On March 16, 2010, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act at the Daejeon District Court on March 16, 201.

At around 23:50 on April 8, 2020, the Defendant driven a Dhive-pubed vehicle with a blood alcohol content of about 0.197% in approximately 4km from the front line of the Daejeon Seo-gu World Cup St. B to the front route of the exit route of No. 1 in the same Dong-dong Nowon-gu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol twice.

2. Violation of the Road Traffic Act (Measures Not to be Taken after Accidents) was committed by the Defendant, as described in Paragraph 1 of Paragraph 1 of the same Article at the same time, while the Defendant was under influence of alcohol of 0.197% of blood alcohol concentration, and was passing ahead of the Daejeon Seodong Administrative Welfare Center, a hot spring 2-dong, which is located in the Daejeon Seo-gu, Seodong-gu, Daejeon, with a license of a public telephone room installed in India for repair costs of 1,681,480 won, and escaped without immediately stopping the above public telephone room and without taking necessary measures such as filing a report to the police office.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Criminal land, traffic accident report, notification of the results of the control of drinking driving, inquiry into the results of fact, report on the circumstantial statement of drinking drivers, investigation report (report on circumstantial driving), the register of driver's licenses for motor vehicles, and the next inquiry;

1. Written estimate;

1. Photographs, such as the site of the accident supporting the fact of insurance coverage, and the public telephone stuffs destroyed;

1. Previous convictions in judgment: Application of criminal records and summary order statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose the penalty, and Articles 148 and 54 (1) of the Road Traffic Act (the occupation of accident-free measures and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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