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(영문) 대전지방법원서산지원 2020.08.12 2020고단465
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 November 3, 2017, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act from the Seosan Branch of the Daejeon District Court on November 3, 2017, and a summary order of KRW 5 million for a crime of violating the Road Traffic Act in the same court on December 8, 2017, respectively.

At around 01:20 on April 19, 2020, the Defendant driven a F-crick car from approximately 500 meters away from the day before the store located in Seosan-si B to the road near the E District of the Seosan Police Station, Seosan-si located in Seosan-si D, in a state of alcohol of 0.160% of blood alcohol concentration.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. Notification of the control results of drinking driving, and report on the situation of drinking drivers;

1. The application of Acts and subordinate statutes on criminal records, etc. and investigation reports (verification of criminal records of the same kind);

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 comprehensively taking into account all the conditions of sentencing, including the defendant's criminal records, the degree of the principal offense, the circumstances of driving and distance, etc., the age, character and conduct, environment, etc., of the defendant for the reason of sentencing under

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