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(영문) 대전지방법원 천안지원 2020.04.08 2020고단37

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 March 29, 2016, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court on March 29, 2016, and a fine of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on March 8, 2018.

At around 09:10 on December 16, 2019, the Defendant driven a vehicle B with approximately KRW 1km from the Do in front of a restaurant located in the two west-gu, Seoan-gu, Seoan-gu, Seoan-si to the front road of the two west-gu, Seoan-gu, Seoan-gu, Seoan-si, Seoan-si, in a state of alcohol content of 0.09%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, investigation report (report on the state of drinking drivers), notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (reports on confirmation of the same type of crime), and application of two copies of judgment-based Acts and subordinate statutes;

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 reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was punished twice by a fine for the violation of the Road Traffic Act, the driving of the instant drinking, the fact that the blood alcohol concentration in the instant case is considerably high, and the defendant recognized the crime, etc. shall be determined as the same as the disposition.