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(영문) 대전지방법원서산지원 2020.12.10 2020고단1062
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

[criminal power] On March 30, 2007, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) from the original state branch of the Chuncheon District Court, and on March 25, 2016, from the Seosan branch of the Daejeon District Court, the Defendant received a summary order of KRW 5 million as a fine of KRW 5 million for a crime of violating the Road Traffic Act (driving).

【Criminal Facts】

At around 18:10 on July 2, 2020, the Defendant driven D Poter II truck under the influence of alcohol content of about 0.088% from the 1km section from the front of the Dagjin-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, to the front of the Dagjin-si, Chungcheongnam-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order attached to the same type of power);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the subject of the instant disposition, the same power of the accused, the accused’s environment, etc.

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