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(영문) 대전지방법원 홍성지원 2020.02.04 2019고단683
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 May 4, 2016, 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 Daejeon District Court on May 4, 2016.

On October 13, 2019, at around 00:20 on October 13, 2019, the Defendant driven D SM5 car in the state of alcohol alcohol concentration of about 0.195% in the area of approximately 9km from the Do in front of C, the same Do in the Do in Seocheon-gun, Seocheon-gun, Seocheon-gun, and from the Do in front of C to the Dolsan Dolsan

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related 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 sentencing of Article 62-2 of the Criminal Act is highly necessary to eradicate the driving of drinking alcohol with the reason of sentencing, the degree of blood alcohol concentration in the instant case, the fact that the Defendant does not repeat the crime, and other factors of sentencing, including the Defendant’s age, health, criminal records and the environment, shall be determined by comprehensively considering various factors of sentencing.

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