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(영문) 대전지방법원 홍성지원 2020.02.04 2019고단698
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 May 13, 2008, the Defendant was issued a summary order of KRW 300,000 as a fine for a violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court.

On October 15, 2019, at around 20:46, the Defendant driven an Oralb, E while under the influence of alcohol concentration of about 0.135% at the 1km section from the front of the C Seocheon-gun, Seocheon-gun, Seocheon-gun to the entrance road.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements, and copies of summary order 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 degree of the blood alcohol concentration in the instant case and the vehicle driven by the Defendant’s driver’s vehicle, the age, health, criminal record, environment, character and conduct, etc. of the Defendant:

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