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(영문) 대전지방법원 서산지원 2021.02.18 2020고단1344
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

【Criminal Records of Crimes】 On April 11, 2014, the Defendant was issued a summary order of KRW 2 million for a crime of violating Road Traffic Act at the Seosan Branch of the Daejeon District Court.

【Criminal facts” from the front of the “C” road in Jin-si, Jin-si, 2020 to the front road in the same Sin-si, the Defendant driven a DNA car under the influence of alcohol with approximately 50 meters alcohol concentration of about 0.085% from the 50m section to the front road.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification and investigation report of the results of regulating the driving of drinking alcohol (Calculation of the alcohol concentration in blood);

1. Application of an inquiry letter, such as criminal history, and the application of Acts and subordinate statutes on investigation reports (Attachment to drinking records);

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. Grounds for sentencing under Article 62-2 of the Criminal Act: The level of the principal of this case, the same military records of the accused, the environment of the accused, etc.;

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