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(영문) 대전지방법원 2020.10.15 2020고단1291
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The Defendant was sentenced to a fine of KRW 700,000 by the Daejeon District Court on December 15, 2006 as a violation of the Road Traffic Act (driving) and a fine of KRW 1.5 million by the same court on December 3, 2012.

On February 22, 2020, the Defendant, while under the influence of alcohol of 00:15% of blood alcohol concentration, driven a fa-purd passenger vehicle at a section of approximately 1 km from the front of the Daejeon Jung-gu C cafeteria to the front of the E in the same Gu.

As a result, the Defendant driven a car under the influence of alcohol not less than twice in violation of the prohibition of driving under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and written report on the results of the control of drinking driving;

1. Application of criminal records, etc. and each summary order statutes;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment; Selection of imprisonment;

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

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

1. It shall be decided as ordered on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;

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