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(영문) 대전지방법원 천안지원 2020.02.05 2019고단2908
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 May 2, 2018, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Daejeon District Court's Branch on May 2, 2018.

On October 30, 2019, at around 21:14, the Defendant driven a DNA car in the state of alcohol 0.194% of blood alcohol concentration at approximately 1.9km from the Do near Seo-gu, Seoan-gu, Seoan-gu, Seocheon-si, Seoan-gu, Seoan-gu, Seoan-gu, to approximately 1.9km.

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), drinking driver, red stop report, and notification of the results of the control of drinking driving;

1. Previous for judgment: Application of one copy of the criminal history record, inquiry report (Attachment of the same criminal records), and summary order;

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 include the fact that the defendant was punished by a fine for a 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, the defendant recognized the crime and reflected against him/her, etc. shall be determined as the same as the disposition.

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