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(영문) 대전지방법원홍성지원 2020.08.11 2020고단426
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 November 3, 2017, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act in the Daejeon District Court's Hongsung Branch.

On April 10, 2020, the Defendant driven a Flux-car car under the influence of alcohol 0.079% in a section of approximately 500 meters of alcohol alcohol level from the Do in front of C in Bogi-si B to the underground parking lot of D apartment E-dong in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements, and 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 fact that the reason for sentencing under Article 62-2 of the Criminal Act requires the elimination of drunk driving; the degree of blood alcohol concentration; the fact that the defendant has committed an offense against himself/herself and has not committed an offense; the defendant's age, family (including three children), occupation, criminal record, and environment;

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