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(영문) 대전지방법원 서산지원 2020.04.08 2019고단1014
도로교통법위반(음주운전)
Text

[Defendant A] The defendant shall be punished by imprisonment for one year.

[Defendant B] The defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

Punishment of the crime

[criminal power] On October 25, 2004, Defendant A was issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act at the Gwangju District Court on May 31, 2012, Defendant A was sentenced to a fine of KRW 5 million as a crime of violation of the Road Traffic Act (driving) in the Gwangju District Court’s Net Branch of the Gwangju District Court on May 31, 2012. On March 19, 2014, Defendant A was sentenced to a suspended sentence of KRW 6 months for a period of 2 years.

Defendant

B on June 22, 2017, the Seoul Southern District Court issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. On September 25, 2019, Defendant A driven an Eststren vehicle at the 2km section from D in front of the road located in Sinjin-si C at Sinjin-si to the estm intersection at the Sest elementary school located in Sinjin-si at Sinjin-si at Sinjin-si, with a 0.10% alcohol concentration around 02:00.

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

2. Around 02:00 on September 25, 2019, Defendant B driven a Fworkst car at the 10km section from the public parking lot located in the northwest-ro 35-15, Jinjin-si, Jinjin-si, in a state of drunk alcohol content of 0.04%, to the shooting distance intersection at the 60km-ro, Jinsan-si, Sinjin-si, the Defendant driven a Fworkst car at the 10km section.

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

Summary of Evidence

1. Defendants’ legal statement

1. The actual condition survey report;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Inquiry reports on criminal records, investigation reports (report on the confirmation of criminal records of the same kind of suspect), summary orders, application of court rulings or statutes;

1. The Defendants: Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of punishment for the crime: The Defendants shall be punished by imprisonment.

1. Defendants subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act;

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Defendant B of an order to attend a lecture: the Criminal Act.

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