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(영문) 대전지방법원 서산지원 2020.06.04 2020고단3
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 April 22, 2010, the Defendant was issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court.

【Criminal Facts】

At around 20:40 on December 19, 2019, the Defendant, while under the influence of alcohol 0.043%, driven a 1k section from the front day of the cafeteria located in the city of Jin-si B to the front day of the cafeteria located in D in Jin-si, while under the influence of alcohol 0.043%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to report criminal records, etc. and investigation reports (report on confirmation of criminal records of the same kind of suspect);

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, the same military power of the accused, the environment of the accused, etc.;

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