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(영문) 대전지방법원 천안지원 2020.01.08 2019고단2478
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 June 13, 2011, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court's Branch on June 13, 201.

On September 21, 2019, at around 02:10, the Defendant driven a buding car with a blood alcohol concentration of 0.140%, and proceeded with a section of about 5 km from the front of a restaurant in the trade name and aesthetic part of the city north-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu to the front of the D-lane located in Seoan-gu, Seoan, 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 convictions indicated in judgment: Criminal history records, probationary records, report on the results of confirmation of the previous dispositions, and application of the summary order-related Acts and subordinate statutes of Daejeon District Court No. 2011 and no. 2786;

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 reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was punished by a fine for a violation of the Road Traffic Act, the driving of the instant drinking, the fact that the blood alcohol concentration of the instant blood in this case is considerably high, the defendant recognized the crime and reflected against him/her, etc. shall be determined as the same as the disposition.

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