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(영문) 대전지방법원 2020.08.13 2020고단802
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 July 5, 2019, the Defendant issued a summary order of 2.5 million won for the crime of violating the Road Traffic Act at the Daejeon District Court on July 5, 2019, and the said summary order became final and conclusive on July 20, 2019.

Nevertheless, on December 22, 2019, around 09:10 on the same day from the roads near Seo-gu Daejeon, Seo-gu, Daejeon, the Defendant driven the E BB BW car with a blood alcohol content of about 0.078% while under the influence of alcohol at approximately 2.8km from around 09:18 in front of the roads in Daejeon Seo-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment; Selection of imprisonment;

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

1. Article 62 (1) of the Criminal Act on probation;

1. It shall be decided as ordered on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

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