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(영문) 대전지방법원 서산지원 2020.01.22 2019고단1057
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 10, 2009, the Defendant received a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act, and on February 1, 2011, the same court issued a summary order of KRW 1.5 million as a fine for the same crime, respectively.

On September 17, 2019, at around 00:06, the Defendant driven a clearning car from around 3 km to the parking lot of Jinak-gu, Songjin-gu, Songjin-gu, Jinak-gu, Jinak-gu, Jinak-si, the Defendant was under the influence of alcohol concentration of 0.142%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, including the defendant's criminal records, the degree of the principal offense, the circumstances of driving and distance, etc., the age, character and conduct, environment, etc., of the defendant for the reason of sentencing under

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