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(영문) 대전지방법원 천안지원 2021.02.17 2020고단3461

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 June 2, 2017, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act by the Ulsan District Court.

On December 8, 2020, the Defendant driven a FK9 car while under the influence of alcohol content of about 0.107% from the 2km section of blood alcohol content at approximately 2 km to the 2km parking lot of the north-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

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 view 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 the crime of violating the Road Traffic Act, the amount of alcohol concentration in the blood of this case is considerably high, the defendant recognized the crime, etc.