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(영문) 대전지방법원 천안지원 2021.01.13 2020고단3030
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 17, 2009, the Defendant received a summary order of KRW 1,50,000 from the Jeonju District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act, from the Gunsan Branch of the Jeonju District Court on February 17, 2010 to a fine of KRW 2 million due to a violation of the Road Traffic Act, from the Gunsan Branch of the Jeonju District Court on May 24, 2010 to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving of Drinking), and from the Gunsan Branch of the Jeonju District Court on April 8, 2013 to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving of Drinking).

On October 2, 2020, the Defendant driven a motor vehicle with Dent typ typ, while under the influence of alcohol concentration of 0.045% at the front parking lot located in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of the provisions of Part IV of a reply to inquiry, investigation report (the previous confirmation of the previous record), and summary order, such as criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentence shall be determined as per the order, taking into consideration the following: (a) the Defendant, for the reason of sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation, has been punished several times by a fine for a violation of the Road Traffic Act; (b) the Defendant was driving the instant drinking; (c) the Defendant recognized a crime; and (d) the Defendant was driving the drinking in the parking lot and the amount of alcohol concentration in the blood of

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