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(영문) 대전지방법원 서산지원 2020.07.23 2020고단508
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 8, 2007, the Defendant received a summary order of KRW 1,50,000 for a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court on August 13, 2009. On September 27, 2013, the Defendant received a summary order of KRW 3,50,000 for a fine of KRW 2 million for a violation of the Road Traffic Act from the Seosan Branch of the Daejeon District Court on September 27, 2013.

【Criminal Facts】

On April 25, 2020, at around 04:01, the Defendant driven Cpoter Ⅱ in a drunken state with a blood alcohol concentration of about 0.094% from the 1km section from the French public parking lot located in Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si to the west-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. Investigation reports on criminal records, etc. and the application of Acts and subordinate statutes on investigation reports (verification of criminal records of the same type A of a suspect);

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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