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(영문) 대전지방법원 2020.12.03 2020고단2208
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 10, 2012, the Defendant received a summary order of a fine of three million won or more due to a violation of the Road Traffic Act from the Daejeon District Court on December 10, 2012, and has three previous crimes of drinking driving.

Criminal facts

On March 13, 2020, the Defendant, as seen above, driven the B Cost Traex Track Cargo Vehicles at around 03:50% under the influence of alcohol around 03:50%, and operated a approximately KRW 1 km section on the front of the Daejeon Pungdong, Daejeon Pungdong, on the front of the road located in Daejeon Pung-gu, Daejeon Pung-dong, under the influence of alcohol content 0.152%.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes by making inquiries about the previous disposition, report on the results of confirmation, and a copy of a summary order for drinking-driving, criminal records, etc.;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment; Selection of imprisonment;

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

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

1. It shall be decided as ordered on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

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