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(영문) 대전지방법원 2014.11.28 2014고단3318

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for not less than eight 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 May 16, 2007, the defendant was sentenced to a fine of 1.5 million won due to a violation of the Road Traffic Act (driving) at the Daejeon District Court on December 11, 2007, and a fine of 3.5 million won due to a violation of the Road Traffic Act (driving), etc. at the same court on December 11, 2007. On June 9, 2008, the defendant was sentenced to a suspended sentence of 6 months for the same court on June 2008.

On September 26, 2014, the Defendant, while under the influence of alcohol at 0.239% of blood alcohol concentration on September 16, 2015, driven Cone Star Cargo at the section of approximately 1km from the front day of a restaurant in the trade name and aesthetic sense in the Dong-dong, Daejeon to the front day of a light decoration in the Jung-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a user driver and circumstantial statement;

1. Photographs related to accidents;

1. A previous conviction in judgment: An inquiry report and the application of Acts and subordinate statutes for a criminal investigation report (Attachment to a judgment);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;