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(영문) 대전지방법원홍성지원 2020.08.18 2020고단490
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 14, 2008, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in the Hongsung Branch of Daejeon District Court for a violation of the Road Traffic Act.

On May 2, 2020, at around 18:32, the Defendant driven a DNA car while under the influence of alcohol concentration of about 0.097% from the 20km section to the front road located in B from the Do adjacent to the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Do in the Chungcheongnam-nam Budget Complex.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. On-site photographs;

1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related 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 fact that it is highly necessary to eradicate drinking driving with the reason of sentencing under Article 62-2 of the Criminal Act; the degree of blood alcohol concentration; and the defendant has been punished several times due to drinking driving, including a suspended sentence of imprisonment with prison labor: Provided, That the above suspended sentence judgment was rendered before 15 years from the time of the crime; and the defendant's age, occupation, environment, etc. shall be determined by comprehensively taking into account various factors of sentencing;

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