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(영문) 대전지방법원천안지원 2020.09.25 2020고단1600
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 December 19, 2016, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving) with respect to a violation of the Road Traffic Act, and a summary order of KRW 5 million with respect to the same crime in the same court on June 19, 2017.

On June 14, 2020, at around 00:10 on June 14, 2020, the Defendant driven a DNA motor vehicle under the influence of alcohol content of about 0.142% in the front of C Bank located in B from the Do in front of the Do in the new sub-Dong-dong, Chungcheongnam-gu, Yandong-gu, Yandong-gu to the extent that he was under the influence of alcohol content of about 300 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Inquiry reports, such as criminal records, and application of Acts and subordinate statutes on investigation reports (related to the same type of suspect power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (a violation of Article 55 (1) 3);

1. Article 62 (1) of the Criminal Act suspended execution ( comprehensively taking into account the criminal records of the accused, the blood alcohol concentration, the background leading up to the drunk driving, the driving distance, etc.);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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