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(영문) 대전지방법원 천안지원 2020.04.08 2020고단56
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 29, 2006, the Defendant received a summary order of KRW 1.2 million from the Jeonju District Court to a fine of KRW 1.2 million for a crime of violating the Road Traffic Act, and on August 9, 2012, a summary order of KRW 4 million for a crime of violating the Road Traffic Act from the Jeonju District Court’s Jeonju District Court’s branch court to a fine of KRW 1.2 million for a crime of violating the Road Traffic Act.

On December 7, 2019, at around 00:19, the Defendant again driven a D body-man vehicle with a blood alcohol content of about 0.124% at a section of approximately 300 meters from the 300-meter radius from the Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Incheon to the roads front of the above B apartment commercial building.

2. The Defendant: (a) around the time and time indicated in paragraph (1), driven a road between the Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, B apartment Cdong and the above apartment E-dong, and proceeded with D physically-st

While the defendant, who was on the top of the above car, has been in a dispute with FF of the defendant's spouse who was on board the above car, the defendant damaged 10,000 won of plastic parking prohibition board totaling 1,60,000 won of the market price of the victim B apartment residents who were installed on the above road, and 37,950 won of the market price by taking the procedure for speeding down of the above car or shocking it into the front part.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A criminal investigation report on each statement of H, I, and F (to hear the statement of the head of the apartment management office related to damage to drainage network property);

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. One copy of the 112 Reporting Case List, a photofluorial image of the vehicles being reported, a video of the accident site photograph, and a related photograph;

1. Written estimate;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (related to the same kind of criminal records), related summary orders, and the application of Acts and subordinate statutes of Part IV of the relevant summary orders;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) (a point of sound driving) of the Road Traffic Act, and Article 366 of the Criminal Act concerning the damage of property;

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