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(영문) 대전지방법원서산지원 2020.08.26 2020고단516

도로교통법위반(음주운전)

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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 November 26, 2013, the Defendant was issued a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court.

피고인은 2020. 5. 7. 20:25경 서산시 B아파트 주차장에서부터 C 앞 도로까지 약 500m 구간에서 혈중알콜농도 0.162%의 술에 취한 상태로 D 팰리세이드 승용차를 운전하였다.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Requests for appraisal;

1. Application of the Act and subordinate statutes on criminal records, etc., investigation reports, and investigation reports (Attachment to the same type of power);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, including the defendant's criminal records, the degree of the principal offense, the circumstances of driving and distance, etc., the age, character and conduct, environment, etc., of the defendant for the reason of sentencing under