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(영문) 대전지방법원 2020.06.11 2020고단287
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 August 28, 2007, the Defendant received a summary order of a fine of two million won or more for a violation of the Road Traffic Act at the Daejeon District Court, and on June 25, 2010, the above court received a summary order of a fine of two million won or more for the same crime.

【Criminal facts】 Around 03:08 on November 10, 2019, the Defendant driven a motor vehicle with a low-speed level of 0.107% alcohol level at the 2km section from the front road of Daejeon Daejeon to the front road of E in D, which is around 03:08.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

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 control of drinking driving;

1. The application of Acts and subordinate statutes to inquiry reports and summary orders (two copies);

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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