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(영문) 대전지방법원서산지원 2020.11.19 2020고단944

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

[Criminal Power] On October 30, 2009, the Defendant received a summary order of KRW 1,50,000 from the Suwon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 18:00 on June 25, 2020, the Defendant driven a Frocketing car with a blood alcohol content of 0.138% under the influence of alcohol from approximately 2 km section to the near roads of “E” located in Chungcheongnam-gun D, Chungcheongnam-gun, Chungcheongnam-do.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, and a request for appraisal;

1. Application of Acts and subordinate statutes to a report on criminal records, etc., the previous records, and results of verification;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. Sentencing of sentencing under Article 62-2 of the Criminal Act: The degree of the principal of this case, the same military power of the accused, the environment of the accused, etc.;