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(영문) 대전지방법원서산지원 2020.11.19 2020고단745
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On December 12, 2007, the Defendant was issued a summary order of a fine of three million won by committing a violation of the Road Traffic Act (driving) at the Seoul Southern District Court on December 12, 2007, and on November 26, 2010, the same court was sentenced to a suspended sentence of one year for six months by committing a violation of the Road Traffic Act (refluence of the measurement).

【Criminal Facts】

The defendant is a person who is engaged in driving a Bran XG car.

On May 25, 2020, at around 21:05, the Defendant driven the said car under the influence of alcohol concentration of about 0.056% at a 200-meter section from D’s front road located in Seosan City C to the front road of the bus stops in Seocho-si, Seosan-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 the Act and subordinate statutes on criminal records, etc., investigation reports, and investigation reports (Attachment 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. In light of the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has the same record as the defendant, and the defendant has the record of being subject to the suspension of the execution of imprisonment among them, the fact that the defendant attempted to flee at the time of regulating the drinking of this case, and that the amount of drinking alcohol is very low, and there are no circumstances to take into account the circumstances of drinking, a sentence of sentence is inevitable.

Other punishment shall be determined in consideration of the environment, etc. of the accused.

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