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(영문) 대전지방법원홍성지원 2020.08.11 2020고단295
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 June 18, 2007, the Defendant was issued a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court for a violation of the Road Traffic Act.

On March 24, 2020, at around 23:37, the Defendant driven Bone Star Co., Ltd in the state of alcohol alcohol concentration of approximately 0.062% at the section of about 14km from the front day of the scarb in which it is impossible to identify the trade name in the Hong-gun Hong-gun, Hongsung-gun, Hong-gun.

Summary of Evidence

1. Defendant's legal 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 account of 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 situation in which the defendant shows the opposite appearance, and other various factors of sentencing, such as the age, family, occupation, criminal record and the environment of the defendant;

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