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(영문) 대전지방법원홍성지원 2020.10.27 2020고단733
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 July 15, 2010, the Defendant was issued a summary order of one million won or more as a fine for a violation of the Road Traffic Act in the Hongsung Branch of Daejeon District Court on July 15, 201.

On July 17, 2020, around 09:43, the Defendant driven a fwing-III cargo vehicle while under the influence of alcohol concentration of approximately 0.066% at a section of about 40km from the Do in front of the C, Chungcheongnam-si, Chungcheongnam-do, to the E parking lot located in Chungcheongnam-gun D.

Summary of Evidence

1. Previous records on the judgment of the defendant's legal statement and the notice of the result of the regulation of the driver, the application of Acts and subordinate statutes to the summary order and criminal records inquiry;

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 the reasons for sentencing under Article 62-2 of the Criminal Act, the degree of blood alcohol concentration, the fact that the defendant has committed an offense against himself/herself and has not committed an offense, and other various factors for sentencing, such as the age, occupation, family, criminal record, environment, etc. of the defendant.

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