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(영문) 대전지방법원홍성지원 2020.09.01 2020고단571

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 February 9, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court on February 9, 2009.

On June 7, 2020, at around 00:26, the Defendant driven a FM5 car while under the influence of alcohol 0.182% of alcohol level at approximately 900 meters from the Do in front of C in the same Do as the front of E in the same Gun D.

Summary of Evidence

1. Previous records of the defendant's judgment on the result of regulating drinking driving under the influence of his/her statement: Application of three Acts and subordinate statutes of Part III of the criminal records, reply and 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 various factors of sentencing, such as the fact that the reason for sentencing under Article 62-2 of the Criminal Act is highly necessary to eradicate drunk driving, the degree of blood alcohol concentration, the age, occupation, criminal records (not less than twice a fine of the same kind, the suspension of execution of imprisonment with prison labor or more), and the environment;