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(영문) 대전지방법원 서산지원 2021.01.27 2020고단125
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 February 2, 2018, the Defendant was issued a summary order of a fine not exceeding three million won due to a violation of road traffic laws in the Seosan Branch of the Daejeon District Court.

On January 14, 2020, the Defendant driven Ccoon in the state of drunk alcohol concentration of about 0.167% from the 3km section of approximately 3km from the 14:50 square meters around the Jin-gu, Jin-si, Jin-si, Jin-si, Jin-si, Jin-si, Jin-si (Seoul) to the front road B.

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

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of a reply to inquiry, such as criminal history, and summary order-making statutes;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. The sentencing of Article 62(1) of the Criminal Act on the grounds of suspended sentence shall be determined in full view of all the factors of sentencing including the defendant's criminal records, degree of drinking, driving circumstances, distance, etc., and the age, sex behavior, environment, etc.

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