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(영문) 대전지방법원 2020.10.29 2020고단1944
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On July 18, 201, the Defendant received a summary order of KRW 1,50,000,000 from the Daejeon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1,50,000,000 as a fine in the same court on June 13, 2017, respectively.

[Criminal facts] On April 23, 2020, at around 23:35, the Defendant driven an EingMK car while under the influence of alcohol with approximately 0.146% of alcohol concentration from the 4km section from the Seo-gu Daejeon apartment road to the front road located in Jung-gu, Jung-gu, Seoul.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and written report on the results of the control of drinking driving;

1. 교통사고보고⑴⑵, 사고현장 사진

1. To apply criminal records, inquiry reports, and each summary order 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. An order to attend a course shall be ruled as ordered by the reason of not less than Article 62-2 of the Criminal Act;

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