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(영문) 대전지방법원 서산지원 2021.02.17 2020고단1331
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 August 21, 2008, the Defendant received a summary order of KRW 700,00,000 as a fine for a violation of road traffic law (driving) in the Seosan Branch of the Daejeon District Court.

On August 19, 2020, the Defendant driven an Efabdo in the state of alcohol alcohol concentration of approximately 0.165% from around 21:45 to the roads of D convenience stores located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do., the Defendant driven an Efabdo under the influence of alcohol level of about 4 Km in approximately 0.165%.

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. A traffic accident report;

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. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of the same criminal records as the suspect);

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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