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(영문) 대전지방법원 2020.09.16 2020고단2409
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 April 12, 2010, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Daejeon District Court.

【Criminal Facts】 Around April 26, 2020: (a) the Defendant driven a car free from approximately 1.4km from the front of the Daejeon District Real Estate Agent Office to the front of the Daejeon Seo-gu Daejeon District Real Estate Agent Office, while under the influence of alcohol by 0.039% of alcohol level on April 26, 2020.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Division: An inquiry inquiry report, investigation report (verification of the same-class power), and application of summary order statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The punishment as ordered shall be determined by taking into account the favorable circumstances, drinking alcohol, driving distance, and other circumstances, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the conditions of sentencing specified in the pleadings of this case, such as the circumstances where the person subject to education twice the reason for sentencing under Article 62-2 of the Criminal Act was committed, and the facts that the person has been engaged in drinking

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