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(영문) 대전지방법원 서산지원 2020.06.11 2020고단297
도로교통법위반(음주운전)
Text

A 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

[criminal power] On August 12, 2010, the Defendant issued a summary order of KRW 3.5 million for a fine of KRW 3.5 million for a violation of the Road Traffic Act (driving) in the Seogsan Support by the Daejeon Probationing Agency, and a summary order of KRW 4 million for the same crime in the same court on October 17, 2014.

【Criminal Facts】

The defendant is a person who is engaged in driving a Bchip car.

On March 14, 2020, the Defendant driven the said car under the influence of alcohol concentration of 0.135% at the section of approximately 8.5km from the day before the D cafeteria located in Seosan-si C to the front of Seosan-si E, Seosan-si.

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 the Act and subordinate statutes on criminal records, etc., investigation reports, and investigation reports (Attachment to the same type of power);

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. Grounds for sentencing under Article 62-2 of the Criminal Act: The level of offense and details of control of the instant case, the same kind of power of the accused, the environment of the accused, etc.;

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