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(영문) 대전지방법원 홍성지원 2020.01.14 2019고단593
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

The defendant was issued a summary order of a fine of KRW 5 million for a violation of the Road Traffic Act in the Hongsung Branch of Daejeon District Court.

On August 2, 2019, the Defendant driven a liquid sports car in the state of alcohol with approximately 00 meters alcohol concentration of about 0.181% in the section of about 200 meters from the Do of the front of the C in Boan-si B to the front of the D in Boan-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. Photographs of the accident site;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of Acts and subordinate statutes of three copies of a summary order;

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 reason for sentencing under Article 62-2 of the Criminal Act, the necessity for the social harm and eradicating of drunk driving, the degree of blood alcohol concentration, the occurrence of a traffic accident due to drunk driving, the fact that the defendant was punished by a fine due to a drunk driving on several occasions, the fact that the defendant does not repeat the crime, and other various factors of sentencing, including the defendant's age, family, environment, etc., shall be determined by comprehensively taking into account

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