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(영문) 대전지방법원 서산지원 2020.05.07 2020고단108

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

[Criminal Power] On March 16, 2009, the Defendant received a summary order of KRW 1,50,000 from the Daejeon District Court for the violation of the Road Traffic Act (driving).

【Criminal Facts】

On January 12, 2020, at around 21:01, the Defendant driven CM5 vehicles while under the influence of alcohol content of about 0.119% from the 3km section from the road at which the Myeonwon-gun, Chungcheongnam-gun, Chungcheongnam-do, is located to the front road of the Chungcheongnam-gun, Chungcheongnam-do.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order attached to the same type of power);

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. Comprehensive consideration of the degree of offense of this case, details of control, the same criminal records, the environment of the accused, family relationship, etc. for sentencing under Article 62-2 of the Criminal Act;