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(영문) 대전지방법원 천안지원 2015.09.03 2015고단647

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On April 14, 2009, the Defendant was issued a summary order of KRW 1,000,000 as a crime of violating the Road Traffic Act (driving) in the support of the Daejeon District Court. On August 16, 2010, the Defendant was issued a summary order of KRW 1,50,000 as a fine for the same crime from the same support.

【Criminal Facts】

On February 12, 2015, at around 04:25, the Defendant driven a B-cub car at a section of approximately 200 meters from the 200 meters from the day before the other influent fluent road in the Seongbuk-gu, Seo-gu, Seocheon-gu, Seocheon-gu to the same gluent road.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of detection of drinking drivers, details of crackdown, notification of the results of crackdown on drinking driving, and statement of the situation of drinking drivers, respectively; and

1. Application of Acts and subordinate statutes entered in the ledger on the use of drinking meters;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the fact that the defendant committed the crime of this case even though he had the record of criminal punishment of a fine on three occasions for the same crime, the defendant has no record of criminal punishment exceeding the fine, the fact that the defendant recognizes the crime and reflects the fact that he/she supports his/her spouse and children, the most supporting the spouse and children, and the sale of the vehicle that he/she sold while not driving under the influence of alcohol, shall be determined as ordered in consideration of various sentencing conditions shown in the argument of this case, such as the age, character, conduct