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(영문) 대전지방법원천안지원 2020.10.23 2020고단1500
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 January 21, 2019, the Defendant was issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the Sung-nam Branch of Suwon District Court for a violation of the Road Traffic Act.

On May 1, 2020, the Defendant, who was under the influence of alcohol and was punished by driving a motor vehicle, etc. under the influence of alcohol, was driving a motor vehicle with the highest alcohol level of 0.106% under the influence of alcohol at approximately 600 meters from the Do in front of the parking lot C located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Incheon to the front road in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (verification of the same kind of power);

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 (a violation of Article 55 (1) 3);

1. Article 62 (1) of the Criminal Act suspended execution ( comprehensively taking into account the criminal records of the accused, the blood alcohol concentration, the background leading up to the drunk driving, the driving distance, etc.);

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

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