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(영문) 대전지방법원 서산지원 2020.02.18 2019고단1257
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

[Criminal Power] On May 31, 2017, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Suwon District Court.

【Criminal Facts】

On November 22, 2019, at around 23:11, 201, the Defendant driven the E-wing truck with a blood alcohol concentration of about 0.153% from the 5km section of approximately 5km to the roads in front of the DPC bank located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.

Accordingly, the defendant violated the prohibition of drinking driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Report on the circumstances of an employee;

1. 112 reported case handling table;

1. Control note;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (Selection of Imprisonment or 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 reasons for sentencing under Article 62-2 of the Criminal Act include: (a) when the defendant was punished by a fine for drunk driving in 2017; (b) the unfavorable circumstances such as the running of the instant drinking alcohol again; (c) the fact that drinking alcohol is considerably high; and (d) recognition of and reflects the defendant’s mistake; (d) the fact that the defendant does not amount to a traffic accident; and (e) the fact that the defendant has no serious criminal record exceeding the fine, the punishment as ordered shall be determined by taking into account all the favorable circumstances such as the defendant’s age, character and behavior, environment, motive

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