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(영문) 대전지방법원천안지원 2020.10.21 2020고단2277
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 16, 2016, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million due to a violation of the Road Traffic Act, in the support of the Daejeon District Court in Incheon District Court.

On 25, 2020. 21:24 on 25, 2020, the Defendant driven a Flus car while under the influence of alcohol 0.146% of alcohol concentration from the front road of Asan City B to the front road of E located in Asan City D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Previous convictions indicated in the judgment: Application of one copy of criminal records, repeated statements, and related summary order outputs;

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 sentenced to a fine due to the violation of the Road Traffic Act, even though he had the record of driving under the influence of alcohol in this case, that the blood alcohol concentration of this case is considerably high, and that the defendant recognizes the crime, etc., the punishment as set forth in the text shall be determined.

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