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(영문) 대전지방법원서산지원 2020.12.09 2020고단1070
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 March 19, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on March 19, 2009.

On August 21, 2020, the Defendant driven a F Kan-Pon car with approximately 700 meters alcohol level 0.154% under the influence of alcohol level 0.154% from the front of the “C” in Seosan-si B to the front road of Seosan-si, Seosan-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. A manual for drinking control;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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

1. The punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, including the defendant's criminal records, the degree of the principal offense, the circumstances of driving and distance, etc., the age, character and conduct, environment, etc., of the defendant for the reason of sentencing under

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