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(영문) 대전지방법원천안지원 2020.10.28 2020고단2478
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 July 8, 2011, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act from the Daejeon District Court's branch office.

On August 23, 2020, at around 02:45, the Defendant driven an EK7 vehicle while under the influence of alcohol of about 0.090% of blood alcohol concentration in the 2km section from the Do in front of C in Asan City to the vicinity of the D apartment in Asan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (related to the same kind of suspect's power), and application of related summary order Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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

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

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was punished by a fine due to the violation of the Road Traffic Act, the fact that the blood alcohol concentration of this case is high, and the fact that the defendant is recognized to commit the crime, etc., the punishment shall be determined like the order;

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