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(영문) 대전지방법원 홍성지원 2020.04.28 2020고단77
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 February 8, 2017, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act (driving) in the Hongsung Branch of Daejeon District Court.

On January 2, 2020, at around 13:45, the Defendant driven a F Kanop car under the influence of alcohol concentration of about 0.147% at the section of about 1km from the front day of the C cafeteria located in Chungcheongnam-gun, Chungcheongnam-gun, Seoul, to the front day of the E cafeteria located in D.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes to confirm the same criminal records of the suspect;

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 the reason for sentencing under Article 62-2 of the Criminal Act is highly necessary to eradicate drinking alcohol, the degree of blood alcohol concentration, the fact that the defendant does not repeat a crime, the age, family, occupation, criminal record (which may be sentenced to a fine of the same kind), and the environment;

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