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(영문) 대전지방법원 천안지원 2020.04.24 2020고단456
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 May 2, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million as a fine in the same court on December 24, 2009.

Although the Defendant was punished as a crime of violating the Road Traffic Act, around January 17, 2020, at around 23:57, the Defendant driven a DK7 car under the influence of alcohol with approximately 1k-meter alcohol concentration of about 0.151% from the 1km section to the CKap road located in Seoan-gu, Seoan-gu, Seoan-gu, Seoan-si, Seoan-gu, Seoan-gu, Seoan-si.

Summary of Evidence

1. Defendant's legal statement;

1. A witness's statement;

1. Notice of the result of crackdown on drinking driving, and report on the situation of a drinking driver;

1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (verification of the same kind of force);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act suspended execution ( comprehensively taking into account the criminal records of the accused, the degree of blood alcohol concentration, the background leading up to the drinking driving, the driving distance, the past crime of drinking and the interval between the crimes of drinking alcohol and the crimes of this case);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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