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(영문) 대전지방법원 천안지원 2021.02.03 2020고단1900

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

On March 28, 2014, the Defendant received a summary order of KRW 2,50,00,000 from the Suwon District Court to a fine for violating the Road Traffic Act (drinking) due to a violation of the Road Traffic Act.

On February 28, 2020, the Defendant driven a motor vehicle of 1km at approximately 1 km from the front of the sex change road located in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-si to the front of the Yan-gu, Seoan-gu, Seoan-gu, Seocheon-si, with alcohol content 0.079% while under the influence of alcohol during blood transfusion around 00:32.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, written investigation report (the previous confirmation), copy of summary order, and one copy of the summary order;

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 punishment as ordered shall be determined in consideration of the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act was sentenced to a fine due to a violation of road traffic laws, etc., the amount of alcohol concentration in the blood of this case high, and the fact that the defendant recognized the crime, etc.