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(영문) 대전지방법원 천안지원 2020.06.05 2020고단814
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 February 10, 2015, the Defendant issued a summary order of KRW 2 million at the Cheongju District Court on February 10, 2015 due to a violation of the Road Traffic Act.

On February 20, 2020, the Defendant, while under the influence of alcohol of 0.081% of blood alcohol level around 20:10, driven the EM5 car from a restaurant on the trade name in front of Asan City B to D in front of Asan City to the Glsan City.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Records before judgment: Criminal records, etc. and the application of Acts and subordinate statutes for inquiry reports and investigation reports (verification of sound driving records);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a violation of Article 55 (1) 3);

1. Article 62 (1) of the Criminal Act on the suspended execution ( comprehensively taking into account the criminal records of the accused, the blood alcohol concentration, the background leading to the drunk driving, the driving distance, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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