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(영문) 대전지방법원 2013.07.12 2013고단1686

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 April 7, 2013, at around 14:50, the Defendant driven CY 3 car under the influence of alcohol with approximately 600 meters alcohol concentration of about 0.213% from the 600-meter radius to the Ambassador Dong-dong of Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement on the actual condition of traffic accidents, report on the actions taken against a driver, and report on the actual status of the driver;

1. Application of each statute on photographs;

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

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

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

1. The reasons for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Probation Criminal Act include the defendant's mistake, but the defendant has a high drinking level and repeated crimes, and the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc. shall be determined as per the order, comprehensively taking into account various factors of sentencing as shown in the arguments in this case, such as the circumstances after the crime.