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(영문) 대전지방법원 서산지원 2020.04.16 2020고단19

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 18, 2008, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court for the crime of violation of the Road Traffic Act, and KRW 2 million by the same court on June 13, 201 for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On December 16, 2019, at around 22:35, the Defendant driven Epoter cargo in the state of alcohol with approximately 3 km alcohol concentration of 0.164% from the front of a cafeteria located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si to the front of the D company located in the same city C.

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 criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);

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 punishment as ordered shall be determined by comprehensively taking into account the criminal records of the defendant with the reason for sentencing under Article 62-2 of the Criminal Act, the degree of the principal offense of this case, the circumstances leading up to crackdown, the environment of the defendant