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(영문) 대전지방법원천안지원 2020.09.23 2020고단2030
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 August 30, 2016, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court's branch court.

At around 02:00 on June 21, 2020, the Defendant driven a B-L car under the influence of alcohol content of about 0.104% from the section of about 30km at approximately 19.2 km away from the C-Lin Station near the C-Lin Station located in the Jinandong-dong, Sungnam-si, Sinnam-si, to the point below the K-gu, Sungnam-si D-ro 42m.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation conditions (verification of the same kind of power)-related Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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, including the fact that the defendant was punished twice by a fine for the violation of the Road Traffic Act, the driving of the instant drinking, the fact that the blood alcohol concentration of the instant blood in this case is considerably high, and the fact that the defendant recognized the crime, shall be determined as the same as the disposition.

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