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(영문) 대전지방법원 2020.06.11 2020고단300
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 December 11, 2009, the Defendant was sentenced to a fine of one million won due to a violation of the Road Traffic Act, etc. at the Gwangju District Court, and on January 21, 2014, at the Seoul Western District Court, to a fine of six months due to a violation of the Road Traffic Act.

On November 13, 2019, at around 21:45, the Defendant driven a motor vehicle with E Spo-type under the influence of alcohol concentration of about 0.042% at a distance of about 200 meters from the previous road located in the Daejeon Seo-gu B, Daejeon (D) to the front road located in the same Gu.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, replys to criminal records, investigation reports (Attachment to suspect-related cases);

1. Relevant provisions of the Act on the Crime 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 on probation;

1. It shall be decided as ordered on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

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