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(영문) 대전지방법원서산지원 2020.10.29 2020고단885
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 June 24, 2010, the Defendant received a summary order of KRW 4 million from the Daejeon District Court Branch of the Daejeon District Court due to a violation of the Road Traffic Act (Refusal of measurement), etc., and on March 31, 2011, the same court issued a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On August 8, 2020, the Defendant driven Dsch Rexton car at approximately 50 meters adjacent to the Seosan-si B Building C, in the state of alcohol of 0.168% of blood alcohol concentration on August 8, 2020.

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 history records, reply reports, and investigation reports (verification of the same kind of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) 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. 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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