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(영문) 대전지방법원 천안지원 2021.01.15 2020고단2841
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 18, 2016, the defendant was issued a summary order of KRW 1 million for a violation of road traffic law (drinking driving) in the support of the Daejeon District Court on January 18, 2016.

On September 29, 2020, around 01:39, the Defendant violated the prohibition of drinking by driving the E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of a reply to inquiry, such as criminal history, a report on investigation (the previous and confirmation of the suspect), and a copy of a summary order;

1. Relevant provisions of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the selection of imprisonment for a crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (a half the amount of reduction);

1. Article 62 (1) of the Criminal Act on the stay of execution ( comprehensively taking into account the criminal records of the defendant, the numerical value of alcohol during blood, the developments leading up to driving under the influence of alcohol, driving distance, etc.);

1. An order to attend a course under Article 62-2 of the Criminal Act;

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