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(영문) 대전지방법원 서산지원 2021.03.25 2021고단94
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On May 28, 2014, the Defendant was issued a summary order of KRW 1 million as a crime of violating Road Traffic Act (drinking driving) in the Daejeon District Court’s support on May 28, 2014

【Criminal facts】 On November 1, 2020, the Defendant driven a c motor vehicle under the influence of alcohol content of about 0.079% from the 1.5km section in front of the trade name in the Chungcheongnam-do Seoul Special Metropolitan City, Chungcheongnam-do to the roads in front of the same military unit B.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of regulating the driving of drinking alcohol and investigation report (calculated of alcohol concentration in blood);

1. References to inquiries, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (Attachment to drinking driving force);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order in this case; consideration of the nature of the disposition in this case; the defendant's same records; the defendant'

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