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(영문) 대전지방법원서산지원 2020.10.15 2020고단778
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 May 13, 2015, the Defendant received a summary order of KRW 1,50,000 from the Daejeon District Court to a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On June 29, 2020, the Defendant driven a car with low alcohol level of about 2 km from the road near Taean-gun, Taean-gun, Taean-gun, Taean-gun, 304, to the road front Taean-gun, Taean-gun, Taean-gun, with a alcohol level of 0.15%, while under the influence of alcohol around 23:18.

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

Summary of Evidence

1. Notification of the defendant's legal statement and the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal history records, inquiry reports, and investigation reports (verification of sound driving records);

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. Sentencing of sentencing under Article 62-2 of the Criminal Act: The degree of the principal of this case, the same military power of the accused, the environment of the accused, etc.;

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