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(영문) 대전지방법원 2019.10.25 2019고단3363
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 December 4, 2007, the Defendant was issued a summary order of KRW 1.5 million for a fine for violation of the Road Traffic Act at the Daejeon District Court on December 4, 2007.

Around 19:00 on August 17, 2019, under the influence of alcohol with a blood alcohol concentration of 0.076%, the Defendant driven a rocketing car from approximately 10km to the Seo-gu Daejeon apartment parking lot in the front of Daejeon Jung-gu, Daejeon.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol twice.

Defendant

In addition, there is no infringement of the right of defense of the counsel, so the criminal facts were revised in order to clarify the purpose.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Reporting on arrest of a person suspected of violating the Road Traffic Act (driving), details of control, notification of the results of the regulation of drunk driving, inquiry into the results thereof, report on the situation of a drinking driver and report on the circumstances of a drinking driver;

1. Registers of driver's licenses;

1. The scene of crimes and photographs of the result of measuring drinking;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of the same criminal records as the suspect), and copies of summary order Acts and subordinate statutes;

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. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (a favorable circumstance, such as circumstances in which the defendant repents the defendant in depth);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Punishment, etc. of Specific Economic Crimes (Article 62 (1) of the Act on the Punishment, etc. of Specific Economic Crimes (Article 62 (1) of the Act on the Punishment, etc. of Specific Economic Crimes) (Article 62 (1) of the Act on the Punishment, etc. of Specific Economic Crimes (Article 62 (1) of the Act on the Punishment, etc.

1. The case of this case under Article 62-2 of the Criminal Act concerning orders to attend lectures and orders to provide community service.

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