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(영문) 대전지방법원서산지원 2020.10.14 2020고단791
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 April 12, 2007, the Defendant was issued a summary order of KRW 2 million at the Seosan Branch of the Daejeon District Court as a fine of KRW 2 million for a violation of the Road Traffic Act (driving). On April 29, 2010, a fine of KRW 2 million for a violation of the Road Traffic Act (driving) and a fine of KRW 3 million at the same court on May 20, 2010, respectively.

At around 14:30 on May 26, 2020, the Defendant driven a F e-math truck under the influence of alcohol concentration of approximately 0.107% from the section of about 50 meters from the front of the C cafeteria located in the Sinjin-si B to the front of the E cafeteria located in the same city.

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

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. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders;

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

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

1. The punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing, including the defendant's criminal records, the degree of the principal offense, the circumstances of driving and distance, etc., the age, character and conduct, environment, etc., of the defendant for the reason of sentencing under

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