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(영문) 대전지방법원 천안지원 2020.05.08 2019고단3387

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

On October 27, 2017, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, in the support of the Daejeon District Court in Incheon District Court.

On December 5, 2019, at around 20:30 on December 5, 2019, the Defendant driven CM5 vehicles under the influence of alcohol with a blood alcohol content of about 0.158% from the 2km to the front road from the Do adjacent to the Seongbuk-gu Seongbuk-gu Seongbuk-gu Seongbuk-gu Seongbuk-si, Seongbuk-gu, Seongbuk-do.

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. Previous records: Criminal records, etc. and inquiries and investigation reports, and the application of Acts and subordinate statutes related to the same type of suspect 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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( comprehensive consideration of the criminal records of the accused, the blood alcohol density, the circumstances leading to the drunk driving, the driving distance, etc.);

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

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;