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(영문) 대전지방법원 홍성지원 2020.03.03 2019고단790
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 May 14, 2012, the Defendant was issued a summary order of KRW 7 million for a fine for violation of the Road Traffic Act, etc. in the support of the Daejeon District Court of Daejeon District.

On November 10, 2019, at around 14:55, the Defendant driven CCA100 U.S. Albaba, while under the influence of alcohol content of about 0.182% at a section of about 1km from the Do in front of a place where it is impossible to know about 1m or less of 1m or less of 1m or less of the Do in front of the same military.

Accordingly, the defendant violated the Road Traffic Act prohibition regulations at least twice.

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 and photograph of an accident vehicle;

1. Previous records of judgment: The application of statutes, such as criminal records, repeated statements, and copies of summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

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 the reason for sentencing under Article 62-2 of the Criminal Act requires the elimination of drunk driving; the traffic accident is caused by drunk driving; the driving vehicle is erroneous and boom; the Defendant does not repeat a crime; and other various factors of sentencing, including the Defendant’s age, criminal records, family records, and environment;

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