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(영문) 대전지방법원서산지원 2020.10.15 2020고단832

도로교통법위반(음주운전)

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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

[Criminal Power] On October 24, 2014, the Defendant was issued a summary order of KRW 4 million in the Seosan Branch of the Daejeon District Court due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On July 5, 2020, at around 07:18, the Defendant driven a DNA car with a blood alcohol concentration of about 0.253% in the section from about 20km to the front road of the Taean-gun, Taean-gun (U.S.) to the front road of the same military.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Notification of the defendant's legal statement and the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and investigation reports;

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

1. Article 62 (1) of the Criminal Act;

1. Sentencing of sentencing under Article 62-2 of the Criminal Act: The degree of the principal of this case, the same military power of the accused, the environment of the accused, etc.;