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(영문) 대전지방법원 2020.06.11 2020고단302
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 November 8, 2010, the Defendant was issued a fine of one million won for a violation of the Road Traffic Act at the Busan District Court and two million won for a violation of the Road Traffic Act at the Daejeon District Court on September 13, 2016.

On December 26, 2019, under the influence of alcohol content of 0.082% on blood alcohol content around 23:13, 2019, the Defendant driven a DNA monitoring-con-car at a section of about 50 meters from a 50-meter radius to the next road located in the Gu on the roads front of the mutual incompetence located in the Daejeon Seodong-gu, Daejeon.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (attached to a summary order issued by a suspect for a drinking driving case);

1. Relevant provisions of the Act on the Crime 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 on probation;

1. It shall be decided as ordered on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

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