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(영문) 대전지방법원 2020.06.11 2020고단284

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 September 3, 2009, the Defendant received a summary order of KRW 1,50,000,000 from the Daejeon District Court to a fine for a violation of the Road Traffic Act, and on October 1, 2013, the above court received a summary order of KRW 2,50,000,000 from the same crime.

【Criminal Facts】 On January 3, 2020, the Defendant driven a B K7 car while under the influence of alcohol with approximately 0.078% of blood alcohol concentration at the section of approximately 100 meters near the 100-meter road in the Seo-gu, Seo-gu, Daejeon.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. The application of Acts and subordinate statutes to inquiry reports and summary orders (two copies);

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment; Selection of imprisonment;

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

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

1. It shall be decided as ordered on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;