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(영문) 대전지방법원 홍성지원 2020.04.28 2020고단96
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 March 29, 2018, the Defendant was issued a summary order of KRW 3 million for the same crime in the Daejeon District Court Hongsung Branch.

On January 4, 2020, at around 20:55, the Defendant driven a B B B sanon-car under the influence of alcohol concentration of about 0.112% from the 15 km section to the road in front of the intersection road located in Saemangeum-gun, the Do in front of the breakwater in the city of Gun, the Do in front of the breakwater.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents, and the report on the circumstantial statement of a drinking driver;

1. Evidence and photographs of the traffic accident scene;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment, etc. to the suspect's previous records and attachment);

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 following factors: the fact that community service and lecture attendance order requires the elimination of the reasons for sentencing under Article 62-2 of the Criminal Act; the degree of blood alcohol level; the fact that the defendant has been punished several times for a similar crime; the defendant has been sentenced to a suspended sentence of imprisonment in around 2007; the fact that the defendant has not committed a second offense; and other various factors for sentencing, including the defendant's age, family, health, occupation, environment, etc.

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