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(영문) 대전지방법원 천안지원 2021.03.26 2020고단3396
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 May 10, 2006, the Defendant issued a summary order of KRW 700,000,000 as a violation of road traffic law (drinking driving) at the Support of the Daejeon District Court on May 10, 2006, and on February 4, 2013, a summary order of KRW 6 million was issued due to a violation of road traffic law (drinking driving).

On October 19, 2020, the Defendant, at around 23:30 on October 23:30, 202, driven a FOtob in the state of alcohol concentration of about 0.148% in blood at about 10 meters from the front of the C cafeteria located in Nam-gu, Southern-gu, Chungcheongnam-gu, Seoul to the E-sabn in D, and violated the prohibition of drinking more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Application of an inquiry letter, such as criminal history, and an investigation report (verification of a criminal suspect's previous record of driving) statute;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (a half the amount of reduction);

1. Article 62 (1) of the Criminal Act on the stay of execution ( comprehensively taking into account the criminal records of the defendant, the numerical value of alcohol during blood, the developments leading up to driving under the influence of alcohol, driving distance, etc.);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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