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(영문) 대전지방법원홍성지원 2020.12.15 2020고단912
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 October 5, 2011, the Defendant was sentenced to imprisonment with prison labor for 6 months and one year of suspended execution for the violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court.

At around 01:30 on September 8, 2020, the Defendant driven a e-motor vehicle under the influence of alcohol level of about 0.159% from the 10km section from the Do in front of the CKap in the City of Boli-si B to the front of the D.

Summary of Evidence

1. Notification of the defendant's legal statement, a survey report on the actual condition and the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

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 fact that it is highly necessary to eradicate the reasons for sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol concentration, the traffic accident caused by drinking driving, the defendant was sentenced to a suspended sentence of imprisonment due to drinking driving, etc., but the defendant has been sentenced to a suspended sentence of imprisonment for about nine years from that time, the defendant's age, occupation, family, criminal record, environment, etc., and other various factors of sentencing including the defendant's age, occupation, family, criminal record, environment, etc. shall be determined by comprehensively considering the following factors:

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