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(영문) 대전지방법원 2020.12.10 2020고단2556

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

[Criminal Power] On October 8, 2014, the Defendant was sentenced to a fine of KRW 4 million by the Daejeon District Court for a violation of the Road Traffic Act.

[Criminal facts] Around 22:03 on May 14, 2020, the Defendant driven a FK9 car owned by the Defendant in the section of approximately 3.3 km from the roads of Daejeon Dong-gu B apartment Cdong to the roads in front of the oil station located in Daejeon Seo-gu, Daejeon, Daejeon, while under the influence of alcohol by 0.070% of alcohol content.

The Defendant violated the prohibition regulations on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary order judgment;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment; Selection of imprisonment;

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

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

1. It shall be decided as ordered on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;