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(영문) 대전지방법원서산지원 2020.11.19 2020고단968
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 August 4, 201, the Defendant received a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court on August 4, 201, and a summary order of KRW 6.5 million for the same crime in the same court on June 19, 2013, respectively.

【Criminal Facts】

On September 1, 2020, the Defendant driven a motor vehicle from the 15km section to the D parking lot located in Seogjin-si, Seogjin-si, B, with a alcohol level of 0.232% of blood alcohol level around 14:06.

Accordingly, the defendant violated the prohibition of drinking driving more than 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 (report on confirmation of criminal records of a suspect's drunk driving);

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. Sentencing of sentencing under Article 62-2 of the Criminal Act, consideration of the degree of the principal of this case, the defendant's identical power, the defendant's environment, etc.;

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