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(영문) 대전지방법원 2021.01.22 2020고단4578
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On August 28, 2018, the Defendant issued a summary order of two million won for a crime of violating the Road Traffic Act at the Daejeon District Court on August 28, 2018.

On August 11, 2020, the Defendant driven CK7 car at a distance of about 2 km to Daejeon-gu, Daejeon-gu, U.S., Daejeon-gu, U.S., at a speed of about 44.7 km, from the roads before Gongju-si, while under the influence of alcohol level of 0.127% among blood alcohol level around 00:30 on August 11, 2020.

Summary of Evidence

1. Statement by the defendant in court;

1. An investigation report, an inquiry into the details of crackdown on drinking driving, a report on the results of crackdown on drinking driving, a report on the situation of the driver under driving, and an investigation report (a report on the situation of the driver under driving);

1. The application of Acts and subordinate statutes to inquire about criminal history, each disposition, but a previous conviction and reporting (Attachment to a summary order);

1. Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the order to attend a lecture, even though the defendant had been punished by a fine of one million won in 2004 due to drinking driving, and a fine of two million won in 2018, the driving of the drinking of this case again leads to driving of the drinking of this case: Provided, That the fact that the defendant recognized the mistake and reflects it, and all other sentencing conditions recorded in the records, such as the defendant's age, sexual behavior, and environment, shall be determined as ordered by the order.

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