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(영문) 대전지방법원 2013.07.26 2013고단2267

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 24, 2009, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Daejeon District Court on September 24, 2009, and on June 27, 2012, the Defendant was sentenced to a suspended sentence of imprisonment for 8 months for a crime of violation of the Road Traffic Act (driving) and the judgment became final and conclusive on July 5, 2012.

On May 10, 2013, at around 04:25, the Defendant driven a light-line car with approximately 300 meters of alcohol level 0.134% under the influence of alcohol level 0.134% on the roads before Samsung Electronic Services, such as the Do in front of a restaurant on the trade name, Jung-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of the Act and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (Attachment to the same criminal records and judgments);

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. The punishment of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., reflectiveness in the court, Defendant’s age family relationship) was committed once before and after a fine of the same kind for the reason of sentencing, and a very high drinking level during the period of the same suspended execution. The drinking volume stated in the criminal facts of the judgment finalized in the judgment in the judgment below was also the same as the case in question and thus,