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(영문) 대전지방법원 홍성지원 2020.02.05 2019고단817
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 August 6, 2007, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act in the same court on July 26, 2012.

On September 13, 2019, the Defendant driven a DNA cargo vehicle under the influence of alcohol level of about 0.037% from the 1km section from the front of the Si-si B to the C front of the road.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A report on internal investigation:

1. Previous convictions in judgment: Application of criminal records, repeated statements, and copies of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (The consideration shall be given to favorable circumstances, such as the reflective points, the amount of drinking alcohol is not relatively high, the occurrence of an accident due to an offense, the amount of punishment exceeding the fine, the fact that there is no record of punishment exceeding the fine, and the fact that the economic situation is not good);

1. Article 62 (1) of the Criminal Act ( repeatedly considering favorable circumstances considered in the first sentence);

1. Social service order under Article 62-2 of the Criminal Act;

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