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(영문) 대전지방법원 2020.07.24 2020고단2436
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 November 7, 2014, the Defendant received a summary order of KRW 1,500,000 from the Seoul Eastern District Court as a crime of violating the Road Traffic Act.

On January 16, 2020, at around 20:55, the Defendant driven a D car under the influence of alcohol with a blood alcohol concentration of about 0.172% at the 1km section from the Do in front of the Daejeon Seo-gu B to the underground street.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, written appraisal of blood alcohol, notification of the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. The application of Acts and subordinate statutes to investigation reports (verification of the history of sound driving) and inquiry reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or 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 reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a lecture again leads to driving under the influence of alcohol, and the blood alcohol concentration of the defendant at the time of the instant case was 0.172% 0.172%: Provided, That the fact that the defendant recognized the mistake and reflects it, and that the defendant's age, character and conduct, and environment are all the sentencing conditions shown in the records, such as the defendant's age, character and conduct,

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