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(영문) 대전지방법원 서산지원 2021.03.04 2020고단1450
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 11, 2010, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) at the Seosan Branch of the Daejeon District Court.

[Criminal facts] On September 17, 2020, the Defendant driven Epoter II cargo from around 10km to around the road in front of the C cafeteria located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, to the front of the Defendant’s residence located in Chungcheongnam-gun, Chungcheongnam-gun, the Defendant driven the Epoter II truck with approximately 0.064% alcohol level from around 10km to the road in front of the Defendant’s residence.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of an inquiry letter, such as criminal history, an inquiry report (Attachment to the previous summary order) and statutes;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Grounds for sentencing under Article 62(1) of the Criminal Act: The degree of the principal of this case, the records of the defendant, the environment of the defendant, etc.;

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