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(영문) 대전지방법원홍성지원 2020.10.13 2020고단696
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 August 31, 2009, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act from the first general military court of the Marine Corps.

On June 17, 2020, the Defendant driven a B SP vehicle under the influence of alcohol with a blood alcohol concentration of 0.073% at approximately 80km from the Do in front of the Dansan Do to the point of 30km in the direction of the direction of the Jinnam-gun Highway, Chungcheongnam-gun, Seoul, to the point of 30km from the Do in front of the Donsan Do to the Donsan Do.

Summary of Evidence

1. Previous records of a defendant's legal statement, his/her statement, control results of drinking driving: Application of criminal records, repeated statements, and Acts and subordinate statutes 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 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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