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(영문) 대전지방법원 천안지원 2021.03.12 2020고단3265
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 30, 2008, the Defendant was issued a summary order of KRW 700,000 as a crime of violating road traffic law (drinking driving) in the support of the Daejeon District Court, and on December 13, 2012, the Defendant was issued a summary order of KRW 2 million as a crime of violating road traffic law (drinking driving) in the support of the Daejeon District Court, Daejeon District Court on December 13, 2012.

On November 6, 2020, the Defendant violated the prohibition of drinking by driving a Fexpactton car at approximately 700 meters in approximately 0.110% alcohol concentration from the 700-meter section from the roads of the C restaurant located in Seo-gu, Seocheon-gu, Seocheon-gu, Incheon to the E-ray in Seoan-gu, west-gu, west-gu, the Defendant violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of an inquiry letter, such as criminal history, and an investigation report (verification of a criminal suspect's previous record of driving) statute;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (a half the amount of reduction);

1. Article 62 (1) of the Criminal Act on the stay of execution ( comprehensively taking into account the criminal records of the defendant, the numerical value of alcohol during blood, the developments leading up to driving under the influence of alcohol, driving distance, etc.);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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