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(영문) 대전지방법원 서산지원 2020.04.22 2020고단45
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 24, 2016, the Defendant was sentenced to a suspended sentence of two years for the violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court on March 24, 2016, and the same electricity has been added to four times more.

On December 7, 2019, the Defendant, while under the influence of alcohol of 0.174% of blood alcohol concentration on December 23:43, 2019, driven a f bargaining car on the front side of the “C” road located in Seosan-si B through the front day of the “E” located in Seosan-si, Seosan-si.

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

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

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

1. Application of Acts and subordinate statutes to criminal history records, reply reports, and investigation reports (verification of the same kind of power);

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the fact that the defendant has been punished several times as criminal records of the same kind of crime, the blood alcohol concentration is significant, and the defendant's age, character and conduct, environment, etc., and all the kinds of sentencing conditions including the defendant's age, character and behavior, shall be determined as ordered

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