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(영문) 대전지방법원 2020.02.21 2019고단4519
도로교통법위반(음주운전)
Text

A 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 September 24, 2013, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act from the Daejeon District Court on September 24, 2013, and issued a summary order of KRW 5 million as a fine in the same court on November 21, 2013.

The defendant is a person who is engaged in driving a motor vehicle B.

On October 28, 2019, at around 23:16, the Defendant driven the said car under the influence of alcohol of about 5km from the front of the restaurant where it is impossible to know the trade name in Seo-gu, Seo-gu, Daejeon to the front of the Diplomatic Conference located in the same Gu C to the Diplomatic Road in the same Gu.

As a result, the Defendant driven a car under the influence of alcohol not less than twice in violation of the prohibition of driving under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the crackdown on drinking driving, report on the circumstantial statements of drinking drivers, and report on the circumstances of drinking drivers;

1. The register of driver's licenses for tea and cars;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following circumstances favorable to the accused):

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Punishment, etc. of Specific Crimes, in light of the danger and seriousness of harmful effects of sound driving, the same criminal power, the distance of operation, etc.), the responsibility for the relevant crime is extremely large, the degree of

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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