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(영문) 대전지방법원천안지원 2020.09.25 2020고단1729
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 18, 2009, the Defendant was notified of a summary order of KRW 2 million for the crime of violating the Road Traffic Act in the Seocheon Branch of the Daejeon District Court on December 18, 2009. On November 3, 2011, the Defendant was sentenced to a suspended sentence of KRW 2 million for 8 months in the same court. On September 22, 2014, the Defendant was notified of a summary order of KRW 6 million in the same court due to a violation of the Road Traffic Act.

Nevertheless, around 01:54 on 206.20.20, the Defendant, while under the influence of alcohol of 0.119%, driven the E Carpon in approximately 240 meters from the street in the vicinity of Asan-si B to the front corner of Asan-si Drat.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the drinking control, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of the drinking driver);

1. Previous records of judgment: Criminal records, inquiry reports, the same previous records, and the application of three copies of the judgment;

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. The grounds for sentencing under Article 62-2 of the Social Service Order Criminal Act include the defendant's blood alcohol concentration, driving distance and driving background, and the criminal records of the defendant's punishment at the time of the crime of this case, and all of the sentencing conditions shown in the records and arguments shall be determined as ordered.

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