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(영문) 대전지방법원 홍성지원 2020.04.21 2020고단39
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 March 21, 2013, the Defendant was sentenced to a fine of KRW 3 million for the violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court.

On November 24, 2019, at around 20:54, the Defendant driven a C-car while under the influence of alcohol with approximately 0.154% alcohol concentration from the Do to the road in front of the building B in Chungcheongnam-gun, Chungcheongnam-gun, Do.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Application of criminal history records, “a copy of the judgment, and a copy of the summary order” under the 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 it is highly necessary to eradicate drinking driving with the reason of sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol concentration, the fact that the defendant does not repeat a crime, and the age, family, health, environment, etc. of the defendant;

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