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(영문) 대전지방법원천안지원 2020.09.09 2020고단1876
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 November 14, 2011, the Defendant received a summary order of KRW 1 million for a fine of KRW 1 million for the violation of the Road Traffic Act in the support of the Daejeon District Court in Incheon District Court.

On July 1, 2020, at around 02:09, the Defendant driven a DNA low-speed car from the road near Asan City, B, to the 588-day Epician 588, Asan City, Asan City, the Defendant was under the influence of alcohol content 0.168%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Application of one copy of the criminal history record, reply, and summary order;

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. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was punished twice for the violation of the Road Traffic Act, but the driving of the instant drinking, the fact that the blood alcohol concentration in the instant case is very high, and the defendant is recognized to commit the crime, etc., the punishment as set forth in the text shall be determined.

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