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(영문) 대전지방법원 천안지원 2020.05.08 2020고단111
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 April 12, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act in the support of the Daejeon District Court on April 12, 2007. On July 7, 2014, the Defendant was issued a summary order of five million won for a fine of five million won for a violation of the Road Traffic Act in the support of the Daejeon District Court on the Incheon District Court.

On December 26, 2019, at around 20:05, the Defendant driven a D car under the influence of alcohol with a blood alcohol concentration of about 0.038% from the 1km section of approximately 1km to the front road from the roads in front of the Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City B Cridge to the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment of judgment) Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( comprehensive consideration of the criminal records of the accused, the blood alcohol density, the circumstances leading to the drunk driving, the driving distance, etc.);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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