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(영문) 대전지방법원천안지원 2020.09.25 2020고단1824
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 August 2, 2010, the Defendant received a summary order of a fine of KRW 6 million due to a violation of the Road Traffic Act in the support of the Daejeon District Court on August 2, 2010.

At around 04:10 on July 1, 2020, the Defendant, while under the influence of alcohol at least 0.191% of blood alcohol level, driven at least two times in the section of about 5 km, from the studio front of the trade name in the T-U.S., Seo-gu, Seoan-gu, Seocheon-gu to the front side of the intersection of the Asia-si, Busan-si, the Defendant driven at least two times.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, the inquiry into the results of crackdown on drinking driving, the investigation report (report on the circumstances of the drinking driver), and the written appraisal;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. 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 (a violation of Article 55 (1) 3);

1. Article 62 (1) of the Criminal Act on the suspended execution ( comprehensively taking into account the criminal records of the accused, the blood alcohol concentration, the background leading to the drunk driving, the driving distance, etc.);

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

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