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(영문) 대전지방법원천안지원 2020.09.23 2020고단2142
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

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 June 16, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court's Branch on June 16, 2008, the summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court's Branch on August 2, 2010, and the summary order of KRW 5 million as a fine for a violation of the Road Traffic Act (driving) from the Suwon District Court's Branch on December 12, 2013 at the Suwon District Court on December 12, 2013.

On July 31, 2020, at around 02:40, the Defendant driven B rocketing car under the influence of alcohol content of about 0.127% at the 15km section from around the bus terminal located in Asan City to the road located in the Masan-si in Asan City.

Summary of Evidence

1. Defendant's legal statement;

1. Request for blood appraisal reports on the state of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes governing summary orders;

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 reasons for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was punished several times for the violation of the Road Traffic Act, but the drinking driving of this case was conducted, the blood alcohol concentration of this case is considerably high, and the defendant is admitted to commit the crime, etc., the punishment shall be determined as set forth in the text.

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