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(영문) 대전지방법원 2020.09.16 2020고단2356
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 March 23, 2015, the Defendant was sentenced to a fine of three million won by the Daejeon District Court due to a violation of the Road Traffic Act.

Criminal facts

On February 10, 2020, at around 22:25, the Defendant driven Eone Star vehicle in the state of alcohol alcohol concentration of about 0.141% from the 1km section from the front of the restaurant where it is impossible to know the trade name near Daejeon-gu B to the front of the D Association located in the same Gu C to the road in the same Gu.

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. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Division: An inquiry report, investigation report (Attachment to the same attached power), and application of Acts and subordinate statutes of Part II to summary order;

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

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

1. In full view of the favorable circumstances, drinking alcohol level, driving distance, and other factors, such as the Defendant’s age, character, conduct, environment, etc., where there are two times the reasons for sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking account of the various factors of sentencing under Article 51 of the Criminal Act, which are shown in the records of the instant case.

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