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(영문) 대전지방법원 천안지원 2015.08.24 2015고단1050

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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

On January 3, 2011, the Defendant issued a fine of two million won for a violation of the Road Traffic Act (driving) and a fine of four million won for a violation of the Road Traffic Act (driving on March 8, 2013), and each of the above summary orders became final and conclusive around that time.

On April 12, 2015, at around 18:30, the Defendant driven C’s car under the influence of alcohol content of about 0.178% in a section of about 500 meters from the front day of the Defendant’s residence in Asan City B to the front day of the same fluence in the same fluence-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement on the occurrence of a D traffic accident;

1. A report on the actual state of the driver;

1. Notification of the control results of drinking driving;

1. Application of criminal records and summary order under each Act and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act ( considered as follows)

1. Each of the following factors: Although the fact that an order to attend a lecture constitutes the crime of this case even in the records of the same kind of crime with the reason for sentencing under Article 62-2 of the Criminal Act, there is no record of punishment exceeding the fine for the last ten years, reflects the fact that the defendant is currently supporting the mother of old age