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(영문) 대전지방법원 천안지원 2020.05.08 2020고단295
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 18, 2006, the Defendant issued a summary order of KRW 700,000 as a charge of violating the Road Traffic Act in the Hongsung branch of the Daejeon District Court on December 18, 2006, and on January 6, 2017, the Defendant issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) at the Seocheon branch of the Daejeon District Court.

On December 3, 2019, at around 23:20, the Defendant driven C Car with C Car with blood alcohol concentration of about 0.075% from around 15 K to the underground parking lot of Asan-si, Sinsan-si, Yandong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (verification of the same kind of power);

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. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( comprehensive consideration of the criminal records of the accused, the blood alcohol density, the circumstances leading to the drunk driving, the driving distance, etc.);

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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