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(영문) 대전지방법원 공주지원 2021.03.09 2021고단13
도로교통법위반(음주운전)
Text

Defendant

A The defendant shall be punished by imprisonment for one year.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] Defendant A received a summary order of KRW 2 million as a crime of violating Road Traffic Act (driving) at the Daejeon District Court on April 7, 2009.

[Criminal facts]

1. From around 21:40 on November 29, 2020 to 22:50 on the same day, Defendant A driven a Hbera cruise car with approximately 5km from the front of the Gongju City to the roads in front of the Ethro, via D C, and from the place to the front of the G police box located in F again, with approximately 1km alcohol concentration of about 0.153% from the 1km section to the road before the police box located in F.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

2. On November 29, 2020, the Defendant: (a) was aware of the fact that the Defendant was trying to drive a motor vehicle under the influence of alcohol on the road front of the Pacific City, and (b) was trying to drive the motor vehicle at the back seat of the A driver’s HV cruise cab; and (c) when at around 21:50 on the same day, A came to a D tri-distance, she would report the contact situation between A and the other party on the back of the I driver’s J SP cab cab; (d) had A drive the said B B cab and first leave the said accident site; and (e) caused A to drive the said B cab on the same day at the G police box located in F around 22:50 on the same day and drive it on the said road.

Accordingly, the Defendant, as described in paragraph 1, could make it easy for the Defendant to drive Hbee cruise car while under the influence of alcohol content of about 0.153% in blood at approximately 6km as in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents involving the police statements made to I by the police, reports on the situation of the driver placed in the police, and investigation reports (report on the circumstances of the driver placed in the police station) on the scene of the accident;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes of report on investigation (suspect A same criminal history);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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