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(영문) 대전지방법원천안지원 2020.12.15 2020고단2307
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 November 5, 2015, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act in the support of the Daejeon District Court on November 5, 2015.

At around 22:40 on July 31, 2020, the Defendant driven a Dcococ car in the state of alcohol alcohol concentration of 0.156% in a 700-meter section from the front of the Seo-gu, Seobuk-gu, Western-si B apartment to the front of the Dong-gu, Western-gu, Seoul.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs of the accident site photographs, report on the circumstantial statement of the drinking driver, investigation report (report on the situation of the drinking driver), notification on the results of the control of drinking driving, copy of the usage register of drinking meters, and notification of the completion

1. Investigation report (investigation into the course of moving vehicles and the suspicion of drunk driving);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation status;

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 mistake, and the defendant again commits the crime of this case despite the fact that he had been sentenced to a fine once due to the same kind of crime, the blood alcohol concentration and operational distance of this case, and other 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 of this case shall be determined as ordered in consideration of all of them.

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