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(영문) 대전지방법원 2020.03.13 2019고단4776
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 6, 2010, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act from the Daejeon District Court on December 6, 201.

On November 25, 2019, at around 21:18, the Defendant driven an EM car at approximately 20km from the Do in front of Sejong-si to the front road located in Daejeon Seo-gu Daejeon-gu, Daejeon-si, while under the influence of alcohol with 0.086% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Criminal land, notification of the results of the drinking driving control, inquiry into the results thereof, the report on the circumstantial statements of drinking drivers, the circumstantial report of drinking drivers, the details of control, and the documents revoking driver's license; and

1. Previous convictions indicated in judgment: Criminal records, investigation reports (report on the results of confirmation before disposition), and application of summary order Acts and subordinate statutes;

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 on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the Act on the Punishment, etc. of Specific Crimes) (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act shall apply to the previous offense, in addition to the previous offense of the same kind,

1. Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures to prevent recidivism, as the possibility of recidivism exists in light of the criminal records and the degree of blood alcohol concentration, etc.;

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