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(영문) 대전지방법원 천안지원 2020.05.15 2020고단536
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 October 10, 2011, the Defendant received a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving) from the Daejeon District Court’s branch on October 10, 201, and on August 20, 2015, the above court received a summary order of KRW 3.5 million for the same crime and received a summary order of KRW 3.5 million from the same court on August 20, 2015.

On February 19, 2020, the Defendant driven a vehicle B in the state of alcohol with a blood alcohol concentration of 0.094% 0.094% from around 600 meters away from the road near Seongbuk-gu Seongbuk-gu, Seongbuk-gu, Seongbuk-gu to the sex intersection in the same Dong to the sex intersection in the same Dong on at least two occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Records before judgment: Criminal records, etc., inquiry reports and investigation reports, and the application of statutes;

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a violation of Article 55 (1) 3);

1. Article 62 (1) of the Criminal Act on the suspended execution ( comprehensively taking into account the criminal records of the accused, the blood alcohol concentration, the background leading to the drunk driving, the driving distance, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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