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(영문) 대전지방법원 천안지원 2020.06.17 2020고단246
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 5, 2007, the Defendant issued a summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act at the Seocheon Branch of the Daejeon District Court on July 5, 2007; on August 19, 2008, a summary order of KRW 1 million for a violation of the Road Traffic Act; on October 1, 2010, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act from the Seocheon Branch of the Daejeon District Court; on December 5, 2013, from the Seocheon Branch Branch of the Daejeon District Court, the Defendant was sentenced to a suspended sentence of KRW 1 year for a violation of the Road Traffic Act; on August 18, 2016, from the Seocheon Branch Branch of the Daejeon District Court to the Daejeon District Court, the Defendant was sentenced to a suspended sentence of imprisonment for a year for a violation of the Road Traffic Act.

On December 28, 2019, at around 00:05, the Defendant driven a DNA strawing car under the influence of alcohol content of 0.123% at a section of approximately 1.6km from the front of alley to the front of a pair of services crossings.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of judgment, etc.);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the following: (a) the Defendant was subject to multiple criminal punishments for a violation of the Road Traffic Act; (b) the driving of the instant drinking alcohol; (c) the blood alcohol concentration of the instant case is considerably high; and (d) the Defendant recognized the commission of a crime; and (c) the sentence shall be determined as indicated in the disposition.

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