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(영문) 대전지방법원 천안지원 2021.02.03 2020고단3179
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

On August 6, 2010, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) in the support for the development of the water source method and the source of water source.

On November 7, 2020, the Defendant driven a Fsp motor vehicle under the influence of alcohol with about 0.132% of alcohol concentration at approximately 41km from the front of the restaurant C, located in Ansan-si B, to the front of the E, located in Pyeongtaek-si D, from around 07:45 on November 7, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on confirmation of the past records of the same kind of crime), and summary order;

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 punishment as ordered shall be determined in view of the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act was sentenced to a fine due to the crime of violating the Road Traffic Act, the amount of alcohol concentration in the blood of this case is considerably high, the defendant recognized the crime, etc.

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