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(영문) 대전지방법원 서산지원 2021.03.31 2020고단1329
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 February 12, 2009, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (drinking driving) at the Seosan Branch of the Daejeon District Court.

On October 25, 2020, the Defendant driven D 20 meters away from the 20m section to the Matri City, Seogsi, Seog City, from the 20m-si Matri City, under the influence of alcohol content of 0.129% during blood transfusion.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

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 grounds for sentencing under Article 62-2 of the Criminal Act include the confession of and reflects on the crime, the circumstances and contents of the crime, the records of the defendant, the records of the same kind of crime, and other various conditions of sentencing including the age, sex, environment, etc. of the defendant, and the punishment as the order of the above shall be

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