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(영문) 대전지방법원 서산지원 2020.05.07 2020고단5
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

except that 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 October 10, 2014, 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】

At around 22:20 on December 4, 2019, the Defendant, while under the influence of alcohol 0.128% as above, driven the Eknife vehicle from around 600 meters from the revolving intersection to the Dknife Drife-si, B with the blood alcohol concentration 0.128% under the influence of alcohol.

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 report criminal records, etc. and investigation reports (report on confirmation of criminal records of the same kind of suspect);

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. The like records of the defendant for sentencing under Article 62 (1) of the Criminal Act, the degree and details of the principal records of the case, the environment of the defendant, family relations, etc.;

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