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(영문) 대전지방법원 2020.03.11 2019고단1113
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

【Criminal Power】 On October 2, 2006, the Defendant issued the summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) at the Daejeon District Court on January 2, 2006, the summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) at the same court on January 29, 2007, and the summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act (driving) at the same court on November 2, 2007, respectively.

【Criminal Facts of Crimes】 On March 7, 2019, the Defendant driven a F observer car under the influence of alcohol concentration of 0.133%, from the roads in front of Daejeon, Daejeon, on March 7, 2019 to the front road in front of Daejeon, Daejeon, while driving the F observer car.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

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

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

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