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(영문) 대전지방법원 홍성지원 2020.04.07 2019고단862
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 10, 2008, the Defendant was issued a summary order of KRW 1.5 million for the crime of violation of the Road Traffic Act in the Jeonju District Court's military mountain support.

On November 3, 2019, at around 15:55, the Defendant driven a F K7 car while under the influence of alcohol 0.067% in a section of approximately 300 meters of alcohol alcohol level from the Do in front of the Do in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, and up to the e-mail distance in D.

Summary of Evidence

1. Defendant's legal statement;

1. Each traffic accident report and notification of the results of the control of drinking driving;

1. On-site photographs;

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 into account various factors of sentencing, such as the fact that it is highly necessary to eradicate the reasons for sentencing under Article 62-2 of the Criminal Act, the occurrence of traffic accidents due to drunk driving, the degree of blood alcohol level, the defendant's reflective appearance, the age, occupation, family, criminal records (no longer subject to a suspended sentence of imprisonment), and the environment;

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