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(영문) 대전지방법원서산지원 2020.11.11 2020고단959
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 April 8, 2010, the Defendant received a summary order of a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Seosan Branch of the Daejeon District Court.

On July 6, 2020, at around 20:58, the Defendant driven an Esch Rexton car in the state of alcohol alcohol concentration of about 0.071% at the section of about 10km from the Do in front of the C cafeteria located in Seosan City B to the front of the D in Seosan City.

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 results of drinking driving, and report on the situation of drinking drivers;

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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