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(영문) 대전지방법원 서산지원 2020.05.28 2020고단193

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

except that 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 25, 2014, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on March 25, 2014.

【Criminal Facts】

On February 21, 2020, at around 21:15, the Defendant driven a Fpote car in the state of alcohol alcohol content of about 0.145% from a section of about 400 meters from the front of the C cafeteria located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, to the front road located in the Eth of the Chungcheongnam-si, Chungcheongnam-do.

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

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, a survey report, and an accident site photograph;

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. The degree of sentencing under Article 62(1) of the Criminal Act, the main text of the case, the same military power of the defendant, the defendant's opposition, the environment of the defendant, etc.