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(영문) 대전지방법원 2020.04.10 2020고단577
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 July 22, 2008, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act by the Daejeon District Court.

On January 16, 2020, the Defendant driven D Car at a section of about 200 meters from the above road to the front road of Daejeon Pungdong-gu, Daejeon Pungdong-gu, while under the influence of alcohol of 0.083% of blood alcohol content around 21:00.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a drinking driver, response to requests for appraisal, 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 (former records of the operation of a sound driving and confirmation once);

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a course, despite the fact that the defendant had been punished by a fine of KRW 1.5 million for a drunk driving in 2008, the drinking alcohol concentration at the time of the detection of the instant case was 0.083% of the blood alcohol concentration at the time of the detection of the instant case: Provided, That the fact that the defendant recognized the mistake and reflects it, and all other sentencing conditions recorded in the records, such as the defendant's age, character and conduct, shall be

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