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(영문) 대전지방법원 천안지원 2014.03.21 2013고단1771

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 the above judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 3, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the Daejeon District Court's Branch of the Daejeon District Court on September 3, 2010, and a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) in the same court on January 17, 2013, respectively.

On September 4, 2013, at around 21:45, the Defendant driven a Bra vehicle while under the influence of alcohol of about 0.106% of alcohol concentration from the two Do in front of the two west-gu, Seo-gu, Seocheon-gu, Seocheon-si to the same road in front of the same 800 meters old Sungdong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Before judgment: Criminal records, investigation reports (attached to a copy of a summary order), and application of Acts and subordinate statutes of a summary order;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the confession of a crime by the defendant and the absence of a criminal record of suspended execution or heavier punishment);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. It is so decided as per Disposition on the grounds of Article 62-2 of the Criminal Act or more of orders to provide community service and attend lectures;