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(영문) 대전지방법원 서산지원 2021.01.14 2020고단1208

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

[criminal history] On January 27, 2012, the Defendant was issued a summary order of KRW 2,50,000 as a crime of violating the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on September 27, 2012 / [criminal fact] On September 26, 2020, the Defendant driven a DNA-type car under the influence of alcohol with approximately KRW 0.183% of alcohol content during blood while under the influence of alcohol at approximately 500 meters from the Do in front of Chuncheon City in Gangwon-do to the front roads of Chuncheon City in Gangwon-do.

Accordingly, the suspect violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. References to inquiries, such as criminal records, and application of reporting statutes on the same criminal records and results;

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 reason for sentencing under Article 62-2 of the Criminal Act of the community service order in this case; consideration of the nature of the disposition in this case; the defendant's same records; the defendant'