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(영문) 대전지방법원홍성지원 2020.10.27 2020고단314
도로교통법위반(음주운전)
Text

The punishment of the accused shall be determined by one year and six months.

Provided, That the above punishment shall be imposed for three years after the judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 8, 2015, the Defendant was sentenced to a suspended sentence of two years in October, 2015 due to a violation of the Road Traffic Act in the Hongsung Branch of Daejeon District Court.

On March 15, 2020, at around 19:04, the Defendant driven a DNA car under the influence of alcohol level of about 0.084% in the section of about 10km from the Do in front of the bus platform in front of the same military apartment.

Summary of Evidence

1. Previous records of the defendant's judgment on site photographs following the control of drunk driving, etc.: Application of criminal records, etc., summary order, written judgments, and 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 fact that probation, community service, or an order to attend a lecture is highly necessary to eradicate drinking driving on the grounds of sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol concentration, the defendant was sentenced to a suspended sentence of imprisonment due to drinking driving in the past, and the possibility of criticism and the risk of recidivism was high: Provided, That the above suspended sentence judgment is rendered in around 2015, and a certain period of time has elapsed since it was sentenced, the defendant's age, occupation, family, environment, and other various factors of sentencing are determined by comprehensively taking account of various factors of sentencing.

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