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(영문) 대전지방법원 2020.07.24 2020고단1924
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 October 28, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act from the Daejeon District Court.

【Criminal Facts】

On March 26, 2020, at around 00:0, the Defendant driven C Aburburged passenger cars with blood alcohol concentration of about 0.062% from the 15km section from the front of the mutually unclaimed restaurant in the Dong-dong, Daejeon to the front and front roads.

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

Summary of Evidence

1. Defendant's legal statement;

1. Criminal place, report on the occurrence of a traffic accident, investigation report on actual condition, notification of the results of the regulation of drinking driving, inquiry into the actual results, report on the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver and confirmation of the distance of a suspect driving);

1. The register of driver's licenses, and making inquiries into the car register;

1. Photographs related to accidents;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment to a summary order of the same kind of case), and application of summary order statutes;

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. 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 Suspension of Execution (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Procedure (Article 62 (1) of the Act on the Punishment, etc. of Specific Crimes) (Article 62 (1) of the Act on the Punishment, etc. of Specific Crimes (Article 62 (1) of the Act on the Punishment, etc. of Specific Crimes) (Article 62 (1) of the Act on the Punishment, etc. of Specific Crimes (Article 62 (1) of the Act on the Punishment, etc. of

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

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