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(영문) 대전지방법원 서산지원 2021.02.18 2020고단1384
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 history] On July 1, 2010, the Defendant was issued a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) at the Seosan Branch of the Daejeon District Court.

[Criminal facts] On October 29, 2020, the Defendant driven D Poter II cargo vehicles with approximately 100 meters alcohol concentration from the front road of Jin-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, to the front road of Jin-si, Chungcheongnam-si, Jin-si, about 100 meters, while under the influence of alcohol content of 0.081%.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of an inquiry letter, such as criminal history, an inquiry report (Attachment to the previous summary order) and statutes;

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 reason for sentencing under Article 62-2 of the Criminal Act of the community service order in this case; consideration of the nature of the disposition in this case; the defendant's same records; the defendant'

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