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(영문) 대전지방법원 서산지원 2020.06.11 2020고단293
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

[criminal power] On May 16, 201, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang branch on May 16, 201. On June 29, 201, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) from the Jung-gu District Court Goyang branch on June 29, 201.

【Criminal Facts】

On March 16, 2020, at around 18:10, the Defendant driven a BM7 car under the influence of alcohol content of about 16km from the front of a restaurant located in the trade name in the Busan Metropolitan City, Busan Metropolitan City, Chungcheongnam-do to the front road in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order attached to the same type of power);

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. Grounds for sentencing under Article 62-2 of the Criminal Act: The level of offense and details of control of the instant case, the same kind of power of the accused, the environment of the accused, etc.;

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