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(영문) 대전지방법원 서산지원 2020.05.28 2020고단241
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

[Criminal Power] On November 5, 2009, the Defendant was issued a summary order of a fine of one million won for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court.

【Criminal Facts】

On March 10, 2020, at around 00:53, the Defendant driven a Epoter II cargo vehicle while under the influence of alcohol leveling 0.137% from the 2km section from March 10, 202 to D in front of the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and investigation reports;

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 degree of the principal of this case, details of crackdown, defendant's like records, character and conduct, environment, etc. of the defendant;

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