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(영문) 대전지방법원 서산지원 2019.11.27 2019고단800
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 March 15, 2010, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Ulsan District Court on March 15, 201, and KRW 2 million as a fine for a violation of the Road Traffic Act at the Changwon District Court on August 17, 2018.

On June 27, 2019, at around 00:02, the Defendant driven a D-soccoon car under the influence of alcohol concentration of about 0.121% in a section of about 20 meters from the C-Maart parking lot located in Sinjin-si B to the said C-Maart.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. A de facto survey report, CCTV CD;

1. The application of Acts and subordinate statutes to criminal records, reference reports, investigation reports, and summary order;

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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