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(영문) 대전지방법원천안지원 2020.09.23 2020고단1631
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 September 4, 2007, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and a fine of KRW 2,00,000 as a fine for a violation of the Road Traffic Act at the Daejeon District Court on December 15, 2009.

On June 11, 2020, at around 21:06, the Defendant driven a motor vehicle Ewing-III while under the influence of alcohol concentration of about 0.085% from the 5km section of the blood alcohol concentration at approximately 0.085% to the 5km-gu, Yannam-gu, Yannam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous records: Criminal records, inquiry reports, investigation reports (Attachment of criminal records of the same kind as a suspect), and application of Acts and subordinate statutes of two copies of summary orders;

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 punished twice by a fine for the violation of the Road Traffic Act, the driving of the instant drinking, the fact that the blood alcohol concentration of the instant case is high, the fact that the defendant is admitted to commit the crime, and the fact that the defendant's health status is not good, etc. shall be determined as the same as the order.

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