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(영문) 대전지방법원홍성지원 2020.10.13 2020고단715

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 January 6, 2017, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court.

On July 13, 2020, at around 01:20, the Defendant driven CK5 cars while under the influence of alcohol leveling 0.139% in the three-meter section of the road in front of the building B in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun.

Summary of Evidence

1. Previous records of a defendant's legal statement, his/her statement, control results of drinking driving, etc.: Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports;

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 fact that the reason for sentencing under Article 62-2 of the Criminal Act requires the elimination of drunk driving, the degree of blood alcohol concentration, the background and degree of driving, the fact that the accused is against himself/herself and does not repeat the crime, and other various factors of sentencing, including the age, occupation, family, criminal record and the environment of the accused.