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(영문) 대전지방법원 2020.08.12 2020고단1920
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 October 9, 2013, the Defendant was issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act by Daejeon District Court.

On April 16, 2020, at around 01:12, the Defendant driven a F-crin vehicle with approximately 10km alcohol concentration at approximately 0.203% under the influence of alcohol at the section of about 10km from the front of the Daejeon Seo-gu B lending to the front of the E-Korean Contracting State located in the same city and Jung-gu C.

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. Before ruling: Application of criminal records, inquiry reports (A), investigation reports (applicable to criminal records before and after a suspect's drunk driving), and statutes;

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 sentencing period of Article 62-2 of the Criminal Act is one-time driving force on the ground of sentencing, but it has been seven years prior to the date of sentencing, reflects the fact that it has been drinking, drinking alcohol, driving distance, the age, character and conduct, environment, etc. of the defendant and the various sentencing conditions under Article 51 of the Criminal Act as stated in the records of this case shall be determined as ordered.

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