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(영문) 대전지방법원천안지원 2020.12.11 2020고단2134
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 July 14, 2014, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court's branch office.

Although the Defendant was punished for a violation of the Road Traffic Act as above, on June 11, 2020, the Defendant driven a light-line car with approximately 4 km from the road front of Asan-si B to the front of Asan-si D, Asan-si, about 0.203% of the blood alcohol concentration from the 4km section from June 11, 2020 to D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reply reports on criminal records, pre-dispositions, and reports on results of confirmation (attached to summary orders, etc.);

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 suspended execution ( comprehensively taking into account the criminal records of the accused, the blood alcohol concentration, the background leading up 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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