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(영문) 대전지방법원천안지원 2020.11.18 2020고단1712

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 June 8, 2016, the Defendant received a summary order of KRW 4 million due to a violation of the Road Traffic Act in the Jeonju District Court's military acid support.

On May 14, 2020, at around 01:20, the Defendant driven B QM6 car under the influence of alcohol content of about 0.122% from the 2km section from the Daegu East East East-gu to the 6-ro, Daegu-ro, 6-lane 26, Gayang-dong, Daegu-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the confirmation of the same type of criminal records);

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. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the accused has been punished by a fine due to the violation of the Road Traffic Act, the fact that the blood alcohol concentration of this case is considerably high, and the fact that the accused recognizes a crime, etc., the punishment as shown in the text shall be determined.