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(영문) 대전지방법원서산지원 2020.11.19 2020고단723
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 May 18, 2018, the Defendant received a summary order of KRW 1,50,000,000 from the Seosan Branch of the Daejeon District Court as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On May 17, 2020, at around 01:30, the Defendant driven a DNA car in the state of alcohol alcohol concentration of about 0.053% from the 2km section from the front of the village hall B, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, to the front road of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

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

Summary of Evidence

1. Notification of the defendant's legal statement and the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order attached to the same type of power);

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. Sentencing of sentencing under Article 62-2 of the Criminal Act: The degree of the principal of this case, the same military power of the accused, the environment of the accused, etc.;

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