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(영문) 대전지방법원 서산지원 2020.06.24 2020고단324

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 June 19, 2008, the Defendant issued a summary order of one million won or more as a fine for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on September 1, 201, a summary order of two million won or more as a fine for a violation of the Road Traffic Act (driving) in the same court on September 1, 201, and a summary order of seven million won or more as a fine for a violation of the Road Traffic Act (driving) in the same court on June 20, 2014.

On 2, 00:30 on 22, 2020, the Defendant driven CK9 automobiles with approximately 500 meters alcohol concentration 0.111% from the front of the main place in the Dong located in Seosan-si, Seosan-si to the front road of the same Si apartment, in a state of under the influence of alcohol level from around 500 meters to the front road of the same Si apartment.

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 situation of drinking drivers;

1. Application of Acts and subordinate statutes to criminal records, reference reports, investigation reports, and summary orders;

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