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(영문) 대전지방법원천안지원 2020.11.20 2020고단2143

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

On February 19, 2014, the Defendant received a summary order of KRW 1.5 million from the Suwon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and on January 14, 2015, by receiving a summary order of KRW 5 million from a fine of KRW 5 million for a violation of the Road Traffic Act from the Suwon District Court on January 14, 2015, and violated Article 44(1) of the Road Traffic Act.

On July 24, 2020, at least 22:13, the Defendant driven a F car with a blood alcohol concentration of about 0.079% at the section of approximately 1km from around 22:0 to the front of the road D, the Defendant driven a F car at least twice under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reference reports, investigation reports, and summary orders;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a violation of Article 55 (1) 3);

1. Article 62 (1) of the Criminal Act suspended execution ( comprehensively taking into account the criminal records of the accused, the blood alcohol concentration, the background leading up to the drunk driving, the driving distance, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;