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(영문) 대전지방법원 서산지원 2021.01.14 2020고단1200
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

[criminal record] On March 21, 2014, the Defendant received a summary order of KRW 3 million in the Seosan Branch of the Daejeon District Court.

[Criminal facts] On July 28, 2020, the Defendant driven a C high-class truck with approximately 4.4m alcohol concentration of about 0.130% in blood while under the influence of alcohol level C high-class truck with approximately 0.130% in the middle 4m section of 4.4m from Jin-si, Jin-si, Jin-si, Jin-si, Jin-si, Jin-si, Jin-si, Seoul to the middle 1544m.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of replys to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the previous confirmation thereof);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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 community service order in this case; consideration of the nature of the disposition in this case; the defendant's same records; the defendant'

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