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(영문) 대전지방법원 2020.06.05 2020고단1490
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 18, 2011, the Defendant received a summary order of KRW 1,50,000 from Daejeon District Court as a crime of violation of the Road Traffic Act.

around 19:00 on February 23, 2020, the Defendant driven a Pasat car in the state of alcohol with a blood alcohol concentration of about 0.149% from around 1.5km to the roads before Daejeon Pasat car from the French-dong (hereinafter referred to as the "Ssat car") around 19:0.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to inquiry reports and summary orders;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the choice of imprisonment for a crime, or the choice of imprisonment;

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

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

1. The defendant's blood alcohol level was 0.149% 0.149% at the time of the detection of the defendant's blood alcohol level for sentencing of Article 62-2 of the Criminal Act of the order to attend lectures: Provided, That the defendant's mistake and reflects the defendant's mistake, the defendant has no criminal record of the same kind after he/she was punished by a fine recorded in his/her previous conviction, the defendant's economic situation, character and conduct, and environment, and all other sentencing conditions recorded in the records

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