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(영문) 대전지방법원서산지원 2020.10.15 2020고단790
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 18, 2009, the Defendant issued a summary order of KRW 6 million from the Seosan Branch of the Daejeon District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court on August 5, 2009, a fine of KRW 2 million for a violation of the Road Traffic Act (driving) at the Incheon District Court on August 5, 2009, and on April 17, 2013, a fine of KRW 6 million for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on April 17, 2013, and on July 3, 2014, the same court was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act (driving).

Criminal facts

On July 11, 2020, at around 00:46, the Defendant driven C rocketing car with the blood alcohol concentration of about 0.183% in a section of about 500 meters from the front of the Chungcheongnam-si, Chungcheongnam-si, B to the front of the same city.

Accordingly, the suspect violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the regulation of drinking driving and the application of Acts and subordinate statutes on criminal records, etc. and investigation reports (verification of the same kind of power) reports on 112 reported case handling records;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the fact that the defendant had a career of being punished several times for drunk driving, and that he/she has a career of being sentenced to a suspended sentence of imprisonment, the fact that the degree of discretionary employment in this case is high, and other factors of the defendant's environment, etc., a sentence shall be sentenced within the scope of discretionary mitigation.

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