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(영문) 대전지방법원 천안지원 2020.06.24 2020고단1162
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 October 28, 2013, the Defendant was issued a summary order of KRW 5 million for the crime of violating the Road Traffic Act (Refusal of measurement of drinking level) in the Daejeon District Court's Incheon District Court's branch court.

On April 3, 2020, at around 22:30, the Defendant driven a DNA car in a state of alcohol of about 0.24% of blood alcohol concentration from approximately 2 km section from the alcohol house on the trade name and microdong-dong, Chungcheongnam-gu, Seoul Metropolitan City to the latter part of C elementary school located in Yannam-gu, Chungcheongnam-gu, Seoul Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the statement of the status of the driver, and an investigation report (the report on the status of the driver);

1. Written appraisal of blood alcohol and notification of the control of drinking driving (blood collection result);

1. Previous records before ruling: Application of criminal records, repeated statements and investigation reports (attached to summary orders)-related Acts and subordinate statutes;

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. The reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was punished three times by a fine for the violation of the Road Traffic Act and the violation of the Road Traffic Act, the driving of the instant drinking, the fact that the blood alcohol concentration in the instant case is very high, the fact that the defendant recognized the crime, and the fact that the defendant sold the vehicle driven by the defendant, etc. shall be determined as ordered by the sentence.

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