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(영문) 대전지방법원 천안지원 2021.02.17 2020고단3121
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 7, 2014, the Defendant received a summary order of KRW 8 million and a fine of KRW 1.5 million as a crime of violating road traffic laws (drinking driving) from the Daejeon District Court's branch on May 7, 2014, and on May 23, 2018, the Defendant received a summary order of KRW 7 million as a crime of violating road traffic laws (drinking driving) from the Daejeon District Court's branch on May 23, 2018.

On October 15, 2020, under the influence of alcohol content of 0.176% from blood transfusion around 06:10 on Oct. 15, 2020, the Defendant driven D Kaknche vehicle at a section of approximately 200 meters from before the late door of Asan-si apartment to the front door of the late door of Asan-si apartment.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

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

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment as ordered shall be determined in consideration of the fact that the defendant for sentencing under Article 62-2 of the Criminal Act has a history of being punished by a fine several times for a violation of road traffic law, the amount of alcohol concentration in the blood of this case is very high, and the defendant recognizes a crime.

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