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(영문) 대전지방법원 서산지원 2020.05.07 2019고단1327
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

[Criminal Power] On July 1, 2010, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court.

【Criminal Facts】

On November 30, 2019, at around 16:40, the Defendant driven a 12k section from the front of the Defendant’s residence in Seosan City B to the D parking lot located in Seosan City, Seosan City, with a alcohol alcohol concentration of 0.129%.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The application of criminal records, inquiry reports, and investigation reports (verification of suspect A drinking driving records)-related Acts and subordinate statutes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act: The same military power of the accused, the degree of the principal of the case, the details of enforcement, the family relationship of the accused, etc.

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