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(영문) 대전지방법원천안지원 2020.09.23 2020고단2018
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, 2016, the Defendant received a summary order of KRW 4 million from the Jeonju District Court due to the crime of violation of the Road Traffic Act.

At around 06:30 on June 29, 2020, the Defendant driven Cenz automobiles with approximately 10m alcohol while under the influence of alcohol content of 0.217% at Asan-si B Studio parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, investigation report (report on the status of a drinking driver), and notification of the results of the regulation of a drinking driver;

1. Previous for judgment: Criminal history records, inquiry reports, investigation reports (Attachment of summary orders), and application of Acts and subordinate statutes governing summary orders;

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 punishment of this case shall be determined as per the order, considering the fact that the defendant for sentencing under Article 62-2 of the Criminal Act was punished by a fine due to the violation of the Road Traffic Act, etc., the blood alcohol concentration of this case is very high, and the defendant recognized the crime.

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