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(영문) 대전지방법원 홍성지원 2020.05.12 2019고단904
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 25, 2013, the Defendant was sentenced to a fine of KRW 1.5 million for the violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court on October 25, 2013.

On December 10, 2019, at around 23:10, the Defendant driven a multi-purpose disease control vehicle with a blood alcohol concentration of 0.185% while under the influence of alcohol at the section of about 2 km through C of the same Gun.

Summary of Evidence

1. Defendant's legal statement;

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

1. On-site and photographs of accident vehicles;

1. Previous records of judgment: Application of criminal records, inquiry reports (related to a suspect, court records of the same kind, and filing of summary orders);

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 drinking driving with the reason of sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol concentration, the fact that a single traffic accident occurs due to drinking driving, the age, family, occupation, criminal records (not less than twice the same type of punishment, nor more than twice the same criminal records, and the environment;

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