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(영문) 대전지방법원천안지원 2020.11.20 2020고단2155
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 August 11, 2008, the defendant received a summary order of one million won as a crime of violating the Road Traffic Act in the support of the Daejeon District Court on August 11, 2008.

Although the Defendant had been punished for the violation of the Road Traffic Act as seen above, the Defendant driven a car with two meters in Daco while under the influence of alcohol concentration of 0.184% on the front road located in Seo-gu, Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, 2020, around July 3, 2020.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, case inquiry, and copies of summary orders;

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