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(영문) 대전지방법원 서산지원 2020.06.25 2020고단340
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 25, 2010, the Defendant was issued a summary order of KRW 2 million as a crime of violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court.

【Criminal Facts】

On April 1, 2020, at around 22:35, the Defendant driven a D low-speed car with the blood alcohol concentration of about 0.158% in the section of about 8km from the front of the C cafeteria located in Jin-si B to the front of the F Center.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and investigation reports;

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. Sentencing of sentencing under Article 62-2 of the Criminal Act: The degree of the principal of this case, the same military power of the accused, the environment of the accused, etc.;

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