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(영문) 대전지방법원 2020.09.24 2020고단1251
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 November 29, 2010, the Defendant was issued a summary order of KRW 3 million at the Daejeon District Court for a violation of the Road Traffic Act.

【Criminal facts】 On February 20, 2020, at around 03:55, the Defendant driven a BM7 car in the state of alcohol alcohol concentration of approximately 0.110% from the section of about 12km to the point of 30.2km of Honam Line Highway located in the Dong-dong of Daejeon-dong, Daejeon-dong, where it is impossible to find out the circulation of the building located in the Gu-dong of Daejeon-dong to the point of 30.2km in the Dong-dong of the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act prohibiting driving under the influence of alcohol at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of criminal records, reply reports, and drinking driving power-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment; Selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act on probation;

1. It shall be decided as ordered on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

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