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(영문) 대전지방법원 2020.09.18 2020고단2684
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 March 6, 2015, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court.

On April 24, 2020, at around 22:52, the Defendant driven a D-purd-pured vehicle with approximately 4km alcohol concentration of about 0.124% from the 4km section to the front of the Daejeon Seo-gu, Daejeon Seo-gu, from the cafeteria-gu to the front of the Daejeon Seo-gu.

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

Defendant

In addition, since there is no concern about infringement of the right of defense since the defense counsel acknowledged the facts charged of this case, it added them to the purport of the legal inquiry, and revised the facts charged accordingly.

Summary of Evidence

1. Defendant's legal statement;

1. Criminal place, notification of results of the crackdown on Drinking Driving Control, investigation report (report on the circumstances of a drinking driver), a drinking driver's circumstantial statement, control details, and report on the investigation status (Listening to suspect A's phone statement);

1. The register of driver's licenses for tea and cars;

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on the results thereof, and application of summary order statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following circumstances favorable to the accused):

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 of the same Act), which requires severe punishment due to a serious danger

1. Article 62-2 of the Criminal Act to provide community service or attend lectures;

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