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(영문) 대전지방법원천안지원 2020.11.25 2020고단2749
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

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 January 9, 2012, the Defendant received a summary order of KRW 4 million for a crime of violation of the Road Traffic Act, and a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) at the astronomical support of the Daejeon District Court on October 25, 2013.

On July 26, 2020, at around 23:05, the Defendant driven a Draton vehicle under the influence of alcohol content of about 0.152% at a section of about 5km from the 3 new Dong-dong post offices in the Dong-gu, Yannam-gu, Yannam-gu to the front roads in C in the Dong-gu, Yannam-gu, Yannam-gu, Yannam-gu, Do.

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. Previous convictions indicated in judgment: Criminal history records, inquiry reports, application of Acts and subordinate statutes as well as copies of summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was punished several times for the violation of the Road Traffic Act, but the drinking driving of this case was conducted, the blood alcohol concentration of this case is considerably high, and the defendant is admitted to commit the crime, etc., the punishment shall be determined as set forth in the text.

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