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(영문) 대전지방법원천안지원 2020.09.23 2020고단2138
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

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 August 25, 2017, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act from the Daejeon District Court's branch court.

On July 24, 2020, at around 02:45, the Defendant driven BK 3 motor vehicles under the influence of alcohol content of 0.181% at a distance of 500 meters from the roads near the West-gu, Seoan-dong, Seoan-gu, Seoan-gu, Seocheon-si to the roads front of the Sungdong-gu, Seoan-gu, Seoan-gu.

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 records of judgment: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes governing summary orders;

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 punishment as ordered shall be determined in consideration of the fact that the defendant for sentencing under Article 62-2 of the Criminal Act was punished by a fine due to the violation of the Road Traffic Act, and the driving of the instant drinking, the blood alcohol concentration of the instant case is very high, and the Defendant recognized the crime, etc.

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