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(영문) 대전지방법원 2020.02.21 2019고단4541
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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 January 10, 201, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act at the Daejeon District Court.

On October 15, 2019, around 04:20, the Defendant driven a F QM6 car volume in the state of alcohol alcohol level of about 0.104% under the influence of alcohol level from approximately 1.3km to approximately the same Gu D and E roads.

As a result, the Defendant was under the influence of alcohol in violation of the prohibition on driving motor vehicles, etc. more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A survey report on actual condition, a report on the results of the control of drinking driving, a report on the circumstantial statements of drinking drivers, and a report on the circumstances of drinking drivers;

1. Inquiry into the enemy;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of the same attached records), and application of Acts and subordinate statutes concerning summary order;

1. Relevant Articles 148-2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Punishment, etc. of Specific Crimes, in light of the danger and seriousness of harmful effects of sound driving, criminal records of the same kind, blood alcohol concentration, circumstances in which an accident occurred, etc., the responsibility for the crime was extremely large, the

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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