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(영문) 대전지방법원홍성지원 2020.09.01 2020고단507
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 30, 2015, the Defendant was sentenced to a fine of KRW 7 million for the violation of the Road Traffic Act (driving) in the Hongsung Branch of the Daejeon District Court on October 30, 2015.

On June 11, 2020, at around 16:19, the Defendant driven a esch-ton car in the state of alcohol alcohol concentration of about 0.220% from the 4km section from the day before the restaurant in which it is impossible to identify the trade name in the Chungcheongnam-gun B to the front day of D in the same military C.

Summary of Evidence

1. Notification of the defendant's legal statement and the control of drinking driving;

1. Previous records before ruling: Application of criminal records, repeated statements, investigation reports, and 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 account of the fact that it is highly necessary to eradicate the reasons for 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, and other various factors for sentencing, such as the age, family, occupation, criminal record, environment, etc. of the defendant.

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