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(영문) 대전지방법원 홍성지원 2020.05.19 2019고단872
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 July 20, 2009, the Defendant received a summary order of KRW 2.5 million as a fine for a violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court.

On November 24, 2019, at around 16:41, the Defendant driven a E-to-purd motor vehicle in the state of alcohol alcohol concentration of about 0.150% in the 9km section from the Do in front of the Defendant’s residence in Chungcheongnam-gun budget-gun to the roads in front of the Dmatet located in Chungcheongnam-gun budget-gun C.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents and reports on the results of drinking driving control;

1. On-site photographs;

1. Previous conviction in judgment: Application of a summary order of 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. 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, including 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 fact that contact has occurred due to drunk driving, and the age, occupation, criminal records (not less than a suspended sentence of imprisonment), and the environment;

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