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(영문) 대전지방법원 서산지원 2020.04.23 2020고단71
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

[Criminal Power] On November 18, 2008, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act by the Incheon District Court on November 18, 2008.

【Criminal Facts】

On January 7, 2020, at around 07:02, the Defendant driven a Fpoter two cargo vehicles under the influence of alcohol content of about 0.189% at about 1km section from the front road in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, to the front road in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.

Accordingly, the defendant violated the prohibition of drinking driving 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 criminal records, etc. inquiry reports and investigation reports (a summary order attached to the same type of power);

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. Taking into account the defendant's like records of sentencing under Article 62-2 of the Criminal Act, the degree of exploitation of this case, the circumstances leading to detection, the defendant's environment, etc.;

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