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(영문) 대전지방법원 서산지원 2020.05.13 2020고단178
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 December 15, 2017, the Defendant was sentenced to a summary order of a fine of four million won for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on December 15, 2017, and was punished four times for drinking driving.

On February 13, 2020, the Defendant driven C K5 cars in the state of alcohol alcohol 0.155% in approximately 1km section from the front of the Siljin-si, Seoul Special Metropolitan City, to the roads in front of the Guljin-dong Special Metropolitan City, one-ro, 33 in the city of Siljin-si, Seoul Special Metropolitan City.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes attached to criminal records, inquiries, investigation reports, judgment, etc.;

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

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

1. The punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, including the defendant's criminal records, the degree of the principal offense, the circumstances of driving and distance, etc., the age, character and conduct, environment, etc., of the defendant for the reason of sentencing under

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