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(영문) 대전지방법원 홍성지원 2020.06.23 2020고단275
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 September 17, 2015, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Daejeon District Court Seosan Branch.

On January 27, 2020, at around 18:15, the Defendant driven a E-high-speed car in a state of alcohol alcohol concentration of about 0.129% at the section of approximately 1.5km from the front day of the Chungcheongnam-gun, Chungcheongnam-do to the front day of the Dmatet in the same military C.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents and reports on the results of the control of drinking driving;

1. On-site photographs of a traffic accident;

1. Previous records before ruling: Application of criminal records, reply reports, 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 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 degree of blood alcohol concentration, the fact that a traffic accident is caused by drunk driving, the fact that a defendant does not repeat a crime, and other various factors of sentencing, including the defendant's age, occupation, criminal record, and the environment;

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