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(영문) 대전지방법원 천안지원 2020.01.15 2019고단2701

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 October 8, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court's Branch on October 8, 2008.

On October 22, 2019, at around 01:03, the Defendant: (a) moved approximately 100 meters away from the front of the two-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Incheon to the front of the cafeteria located in Seo-gu, Seo-gu, Seo-gu; (b) driven a vehicle under the influence of alcohol by 0.115% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

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

1. Investigation reports (demark);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report attached to judgments on the same kind of power) and other 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 sentenced to a fine due to the violation of the Road Traffic Act, even though he had the record of driving under the influence of alcohol in this case, that the blood alcohol concentration of this case is considerably high, and that the defendant recognizes the crime, etc., the punishment as set forth in the text shall be determined.