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(영문) 대전지방법원 서산지원 2020.04.23 2020고단74

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

[Criminal Power] On August 21, 2008, the Defendant received a summary order of KRW 2,50,000,000 from the Seosan Branch of the Daejeon District Court as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On December 29, 2019, at around 02:28, the Defendant driven an Efranchising car with approximately 17 km alcohol concentration of 0.146% from the Do in front of the Do in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, to the road in front of the Donam-si, Chungcheongnam-si.

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 of drinking driving;

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. The reason for sentencing under Article 62-2 of the Criminal Act is against the defendant, the degree and circumstances of the principal of this case, the circumstances after the crime, the criminal records of the defendant, the environment of the defendant, etc.