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(영문) 대전지방법원 천안지원 2021.01.20 2020고단2660
도로교통법위반(음주운전)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 27, 2010, the Defendant received a summary order of KRW 5 million as a fine for a violation of road traffic law (driving), etc. in the support of the Daejeon District Court on September 27, 2010, and a summary order of KRW 4 million as a fine for a violation of road traffic law (driving of alcohol) in the support of the Daejeon District Court on June 25, 2014.

On September 13, 2020, the Defendant driven a e-learning car under the influence of alcohol with approximately 0.185% alcohol concentration at approximately 5km from the front of the Defendant’s house located in Nam-gu, Nam-gu, Nam-gu, Namcheon-gu, Seoul to the roads located in D Kap, Nam-gu, Nam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in the main place, investigation report (report on the circumstances of the driver who is placed in the main place), and notification of the results of

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, a criminal investigation report (Attachment to a copy of the previous conviction and the summary order), and the application of two copies of the summary order;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was punished twice by a fine for the crime of violating the Road Traffic Act, the fact that the amount of alcohol concentration in the blood of this case is considerably high, the defendant recognized the crime, and the fact that the defendant sold the vehicle of this case, etc., the punishment shall be determined as ordered by the order.

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