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(영문) 대전지방법원 서산지원 2020.04.08 2019고단1195
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 August 26, 2005, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act at the Suwon District Court on August 26, 2005, and on April 4, 2007, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (Refusal of measurement) at the Ansan District Court's Ansan Branch.

On October 5, 2019, at around 22:13, the Defendant driven a car with a volume of about 10 meters CKanjon in the parking lot B, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, under the influence of alcohol content of 0.067%.

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

Summary of Evidence

1. Defendant's legal statement;

1. A manual for drinking control;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Inquiry reports on criminal records, investigation reports (report on the confirmation of criminal records of the same kind of suspect), and application of summary order-related Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The sentence as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, including the criminal records of the defendant with the reason for the suspended sentence under Article 62(1) of the Criminal Act, the degree of being committed, the background and distance of the driving, the age, character and conduct

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