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(영문) 대전지방법원 홍성지원 2020.06.09 2020고단185

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 November 14, 2016, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Daejeon District Court Hongsung Branch on November 14, 2016.

On February 14:23, 2020, the Defendant driven DNY125B Obaba in the state of alcohol alcohol concentration of about 0.108% at approximately 1.5 km from the front of the B market in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si to the front of the Crda.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, repeated statements, and application of related summary order 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. 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: the reason for sentencing under Article 62-2 of the Criminal Act; the degree of blood alcohol concentration; the driver’s license fees for driving vehicles; the driver’s license fees for driving vehicles; the age, occupation; family; status of property; criminal records; the previous offense; and various factors for sentencing, including the environment;