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(영문) 대전지방법원 천안지원 2021.01.25 2020고단3046
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 July 13, 2004, the defendant issued a summary order of KRW 700,000 as a crime of violating road traffic law at the Cheongju District Court on July 13, 2004, and on March 17, 2009, a summary order of KRW 1 million was issued and confirmed as a crime of violating road traffic law.

[Criminal Facts] On August 21, 2020, the Defendant: (a) around 01:21 on August 21, 2020, 200, the Defendant: (b) driven B-wing truck with alcohol concentration of about 0.139% from the 1km section of the blood while under the influence of alcohol at about 0.139% from the 1km to the juju ju ju ju ju ju ju ju ju ju ju ju ju ju ju ju ju ju ju ju ju ju ju ju ju, Seo-gu, Seoan-gu.

around 05:50 on November 21, 2020, the Defendant driven a B-wing and freight vehicle under the influence of alcohol leveling 0.056% from the 1km section from the upper end of the D department store to the front end of the ASEAN-si apartment complex, Asan-si. In addition, the Defendant driven a B-wing and freight vehicle under the influence of alcohol leveling to 0.056%.

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

Summary of Evidence

1. A previous conviction: A copy of a reply to inquiry, such as criminal history, investigation report (verification of criminal records of the same kind as the suspect), and summary order"shall be called a copy of the inquiry order;

1. Statement by the defendant in court;

1. Notification of detection of drinking drivers and notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Control photographs;

1. Investigation report (main driver's report) 2020 high group 3408;

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Field photographs, etc.;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Article 148-2 (1) and Article 44 (1) of the Traffic Act (the point of drinking alcohol) applicable to the facts constituting an offense, the choice of punishment, and the choice of imprisonment, respectively;

2. Crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes (driving).

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