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(영문) 대전지방법원 서산지원 2021.03.04 2020고단1482

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

[criminal history] On June 7, 2012, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) at the Seosan Branch of the Daejeon District Court.

[Criminal facts] On November 23, 2020, the Defendant driven a E-high-speed car with alcohol content of about 1.5 km from the front side of the C cafeteria located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do to the front side of the Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-do, and about 0.131% of alcohol content during blood.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of crackdown on driving drinking;

1. Application of an inquiry letter, such as criminal history, an inquiry report (Attachment to the previous summary order) and 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 reason for sentencing under Article 62-2 of the Criminal Act of the community service order in this case; consideration of the nature of the disposition in this case; the defendant's same records; the defendant'