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(영문) 대전지방법원 서산지원 2020.05.07 2020고단52
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 July 2, 2007, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act (Refusal of Drinking Measures) from the Gwangju District Court's wooden Branch on July 2, 2007.

【Criminal Facts】

On December 21, 2019, at around 17:43, the Defendant driven C Coin car under the influence of alcohol concentration of approximately 0.076% from the section of about 10km to the front road of the national highways No. 28-18 38, 19, from front of the studio building near Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, written appraisal of blood alcohol and investigation report (calculated of blood alcohol concentration);

1. A survey report, an accident site photograph, and a black image;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order attached to the same type of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (2) and (1) of the Road Traffic Act that 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. Article 62-2 of the Criminal Code of the Order to Attend (the defendant alleged to the effect that he was unaware of that he was drinking, and that he was not drunk at the beginning of driving, but the defendant's assertion is not acceptable in view of the degree and details of the punishment in this case, the defendant's like the same kind of power, the defendant's environment, the circumstances after the crime, etc.

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