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(영문) 대전지방법원홍성지원 2020.11.24 2020고단887

도로교통법위반(음주운전)

Text

The punishment of the accused shall be determined by a year of imprisonment.

Provided, That the above punishment shall be imposed for two years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 3, 2014, the Defendant received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act in the Hongsung Branch of Daejeon District Court on June 3, 2014.

On October 3, 2020, at around 03:31, 2020, the Defendant driven a F Kaman car under the influence of alcohol with approximately 3.6 km alcohol concentration of about 0.195% at the 3.6km section from the Do in front of the C cafeteria located in Chungcheongnam-gun B to the front of the E store located in the same Gun D.

Summary of Evidence

1. Previous records of a defendant's legal statement, his/her statement, control results of drinking driving: Application of criminal records, repeated statements, and Acts and subordinate statutes of a summary order;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The punishment shall be determined by comprehensively taking into account the following factors: (a) the fact that it is highly necessary to eradicate drinking driving with the reason of sentencing under Article 62-2 of the Criminal Act; (b) the blood alcohol concentration is very high; and (c) the defendant's age, occupation, family, criminal records, environment