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(영문) 대전지방법원홍성지원 2020.10.06 2020고단704
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 April 25, 2013, the Defendant received a summary order of KRW 7 million for a fine for the violation of the Road Traffic Act, etc. in the Daejeon District Court Hongsung Branch on April 25, 2013.

On July 4, 2020, at around 22:00, the Defendant driven C Aburghn-turged vehicle with approximately 10km alcohol concentration 0.167% under the influence of alcohol at the section of about 10km from the front of the convenience store where it is impossible to identify the trade name in the Habnan Eup, Chungcheongnam-gun, Seoul Metropolitan Government.

Summary of Evidence

1. Previous records of the defendant's legal statement, on-site photographs as a result of the control of sound driving: Application of three copies of the criminal records, etc. and three copies of the summary order;

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, such as the fact that it is highly necessary to eradicate the proper drinking driving of alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol concentration, the fact that the defendant has committed an offense against himself/herself and has not committed an offense, the age, occupation, family, previous offense (three times of fines for the same kind), and the environment.

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