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(영문) 대전지방법원서산지원 2020.08.26 2020고단597
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 February 13, 2009, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Suwon District Court.

At around 15:10 on May 30, 2020, the Defendant driven a dial vehicle from around 2 km to the front road of Seosan-si, Seosan-si, B in the state of alcohol with a blood alcohol content of 0.19%.

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

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. The application of Acts and subordinate statutes on criminal records, inquiry reports, and investigation reports (verification of the history of punishment for running a sound driving);

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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