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(영문) 대전지방법원 2020.09.23 2020고단1615
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 March 19, 2010, the Defendant issued a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act at the Daejeon District Court on March 19, 201.

Criminal facts

On March 24, 2020, at around 23:56, the Defendant driven a motor vehicle with E high-speed in a section of about 300 meters from the day before the mutually aesthetic restaurant in Seo-gu Daejeon to D in the front of the D, while under the influence of alcohol content of 0.147%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Before ruling: Application of criminal records, reply reports on criminal records, investigation reports (attached to a summary order of a suspect's 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Although there are two occasions of sentencing under Article 62-2 of the Criminal Act, the most recent years prior to the sentencing of 10 years, the most reflective fact, drinking water, driving distance, the defendant's age, character, conduct and environment, etc., the punishment as ordered shall be determined by comprehensively taking account of various factors of sentencing specified in Article 51 of the Criminal Act as stated in the records of this case, including the records of this case.

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