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(영문) 대전지방법원 서산지원 2020.07.23 2020고단513
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 17, 2011, the Defendant issued a summary order of KRW 2.5 million for the crime of violating the Road Traffic Act in the Seosan Branch of the Daejeon District Court.

Criminal facts

On April 14, 2020, at around 15:42, 2020, the Defendant driven a Dpoter Ⅱ in the state of alcohol alcohol concentration of approximately 0.07% from the section of about 1km from the front dry field road of the Gyeong-gun, Chungcheongnam-gun, Chungcheongnam-gun to the front road of the same military branch.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc., investigation reports, and investigation reports (verification of the same type of power);

1. Relevant provisions of the Act on Criminal facts 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;

1. Sentencing of sentencing under Article 62-2 of the Criminal Act: The degree of the principal of this case, the same military power of the accused, the environment of the accused, etc.;

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