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(영문) 대전지방법원 천안지원 2020.04.24 2020고단234

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 16, 2008, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Seocheon Branch of the Daejeon District Court on October 16, 2008, and on June 23, 2014, the same court issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act.

around 23:40 on December 30, 2019, the Defendant driven a motor vehicle D while under the influence of alcohol level of 0.115% in the five-meter section prior to the “C” road located in Asan City B.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Previous records: Criminal records, etc. inquiry inquiry reports and application of double copies of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act suspended execution ( comprehensively taking into account the criminal records of the accused, the degree of blood alcohol concentration, the background leading up to the drinking driving, the driving distance, the past crime of drinking and the interval between the crimes of drinking alcohol and the crimes of this case);

1. Order to attend lectures under Article 62-2 of the Criminal Act;