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(영문) 대전지방법원 서산지원 2020.05.28 2020고단204
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 28, 2010, the Defendant was issued a summary order of KRW 3.5 million for the crime of violating the Road Traffic Act (driving) in the Daejeon District Court’s Support for Incheon District Court.

【Criminal Facts】

On December 7, 2019, at around 22:00, the Defendant driven D 1520c wing wing wing 2, while under the influence of alcohol leveling 0.096% from around 13 km to the roads in front of the intersection located in the C cafeteria in the budget-to-Eup.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, investigation report (issuance of suspect A blood appraisal response and report on detection of drinking drivers);

1. On-site photographs;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which 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, details of enforcement, circumstances after the crime, criminal records of the defendant, environment, etc. of the same offense;

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