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(영문) 대전지방법원 천안지원 2020.07.21 2020고단1227
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

On March 12, 2007, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for a violation of the Road Traffic Act.

On April 9, 2020, the Defendant, who was punished for driving a motor vehicle, etc. while under the influence of alcohol, driven a C K5 motor vehicle with a blood alcohol concentration of about 0.067% at a section of about 80 meters from the Seo-gu B apartment parking lot in Seo-gu, Seoan-gu, Seocheon-gu to the front road of the apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, inquiry into the results of the crackdown on drinking driving, ledger of use of a drinking measuring instrument, and notification of the completion of correction;

1. Previous convictions in judgment: Criminal records, investigation reports (related to the same kind of suspect's records), and application of Acts and subordinate statutes of two copies of relevant summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is to recognize and reflect the defendant's wrongness, the defendant's attempts to take a preference while living together, the defendant had been punished twice due to the same kind of crime, and again commits the crime in this case even though there was a record of punishment of fines, the defendant again committed the crime in this case. The degree of blood alcohol concentration and driving distance of this case, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, and other various sentencing conditions specified in the argument in this case shall be determined as ordered by the disposition.

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