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(영문) 대전지방법원 서산지원 2021.01.27 2020고단1303
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 July 21, 2006, the Defendant received a summary order of KRW 2 million as a crime of violating road traffic law (drinking driving) in the Seosan Branch of the Daejeon District Court.

On November 16, 2020, the Defendant driven a dial vehicle from around 20 km to the road in front of the dwelling of the Defendant in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, with alcohol content of 0.158% during blood transfusion around 13:25 on November 16, 2020.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of replys to inquiries, such as criminal history, investigation reports (Attachment to the relevant list of cases), and statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

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. In full view of the criminal records of the defendant's like crime, the degree of drinking, driving circumstances, distance, etc., the age, sexual behavior, environment, etc. of the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined as above;

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