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(영문) 대전지방법원 홍성지원 2013.10.29 2013고단744

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

[Criminal Power] On June 8, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Hongsung Branch of the Daejeon District Court, and a fine of two million won for the same crime from April 27, 201 to the same support.

【Criminal Facts】

On September 18:29, 2013, the Defendant driven a ecoo vehicle B with a blood alcohol content of about 10km from the front side of the Edow restaurant located in the Edow-gun Eup of the Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, the Seoul-do, to the an annual intersection located in the Edukdo, the budget Eup of the Chungcheongnam-do, Chungcheongnam-do, the Defendant was under the influence of alcohol with about 0.201% of alcohol content.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employer and the report on detection of the employer;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal records, etc., references to dispositions, and reports on results of confirmation (A);

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 (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, despite the fact that the defendant had already been punished several times for the same crime, is going back to the crime of this case. The blood alcohol concentration at the time of the crime of this case was considerably high by 0.201%, and the drinking driving is a dangerous crime threatening not only to himself but also to another person's life and property, and the nature of the crime is serious. In light of the above, it is necessary to punish the defendant strictly.

However, it appears that the defendant recognized the crime of this case and is against the truth, there is no penalty power exceeding the fine of the defendant, and the defendant again transferred the vehicle used for the crime of this case to another person while making the defendant not to drive under the influence of alcohol, and the defendant transferred the vehicle to another person.