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(영문) 대전지방법원서산지원 2020.12.23 2020고단914

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 February 23, 2018, the Defendant received a summary order of a fine of KRW 7 million for a violation of the Road Traffic Act (Refusal of measurement) from the Seosan Branch of Daejeon District Court on February 23, 2018.

Around 18:05 on July 20, 2020, the Defendant driven a F Ecoo vehicle at a section of approximately 700 meters in front of the “E” road located in Daan-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, under the influence of alcohol by 0.02% of blood alcohol concentration.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A manual for drinking control;

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

1. CCTV images;

1. The application of criminal records, inquiry reports, and criminal investigation reports-related Acts and subordinate statutes;

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