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(영문) 대전지방법원서산지원 2020.12.10 2020고단899
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 21, 2007, the Defendant received a summary order of KRW 2 million from the Seoul Northern District Court to a fine of KRW 1 million for a violation of the Road Traffic Act. On November 26, 2007, the Defendant received a summary order of KRW 4.5 million for a violation of the Road Traffic Act from the Sungnam Branch of the Suwon District Court.

【Criminal Facts】

On February 28, 2020, the Defendant driven a Ma-ri car under the influence of alcohol content of approximately 0.129% from the section of approximately 7 km from the front of the west-si, Chungcheongnam-si, Chungcheongnam-si to the front road in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.

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, etc. inquiry reports and investigation reports (attached to a summary order of the same kind 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. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the subject of the instant disposition, the same power of the accused, the accused’s environment, etc.

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