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(영문) 대전지방법원 서산지원 2020.05.28 2020고단212
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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 July 22, 2014, the Defendant was issued a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act at the Ansan District Court's Ansan Branch on July 22, 2014.

Criminal facts

On February 8, 2020, at around 09:35, the Defendant driven BM3 automobiles under the influence of alcohol concentration of about 0.134% from the section of approximately 7km to national highways of approximately 505-47, in front of the influence on the fluent site in the west-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do. to the national highways of approximately 7km-do.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and on-site photographs;

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. Grounds for sentencing under Article 62-2 of the Criminal Act: The level of the principal of this case, details of crackdown, the defendant's identical power, environment, etc.;

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