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(영문) 대전지방법원 홍성지원 2020.06.16 2020고단255
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 September 17, 2010, the Defendant was issued a summary order of 2.5 million won as a fine for a violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court.

On March 16, 2020, at around 19:58, the Defendant driven a motor vehicle En-do while under the influence of alcohol level of about 0.128% from the 20-meter section to the front road of D elementary school located in C from the Do of Chungcheongnam-gun, Hongsung-gun.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements, and copies of summary order 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 punishment shall be determined by comprehensively taking into account the fact that the reason for sentencing under Article 62-2 of the Criminal Act requires the elimination of drunk driving, the degree of blood alcohol concentration, and other various factors of sentencing, including the defendant's age, family, occupation, criminal records and environment;

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