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(영문) 대전지방법원 천안지원 2020.04.22 2020고단668
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 October 23, 2008, the Defendant received a summary order of KRW 2,50,00,000 as a fine for a violation of the Road Traffic Act (driving) in the support of the Daejeon District Court on the Incheon District Court.

On March 14, 2020, at around 21:48, the Defendant driven E business vehicles under the influence of alcohol of about 0.097% of alcohol concentration at approximately 100 meters from the Do in front of the Do in the Dong-gu, Chungcheongnam-gu, Incheon Metropolitan City to the front road of the D apartment in the Dong-gu, Yannam-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, investigation report (report on the state of drinking drivers), and notification of the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (related to the same kind of suspect's power), and application of related summary order 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 include the fact that the defendant was sentenced to a fine due to the violation of the Road Traffic Act, even though he had the record of driving under the influence of alcohol in this case, that the blood alcohol concentration of this case is considerably high, and that the defendant recognizes the crime, etc., the punishment as set forth in the text shall be determined.

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