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(영문) 대전지방법원 천안지원 2013.06.13 2013고단316

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

except that 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 November 7, 2007, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act, etc. at the Seocheon Branch of the Daejeon District Court on August 7, 2007. On November 26, 2008, the same court was sentenced to a fine of five million won due to a violation of the Road Traffic Act (driving) and the previous case and the previous case are more than two times. On February 6, 2013, the Defendant was driving a motor vehicle with a gallon in Dgallon under the influence of 0.217% under the influence of alcohol from about 50 meters to the front of the “falgalging restaurant” located in the 278-26th of the same road.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written appraisal of alcohol from blood, a report on detection of a drinking driver (Evidence Nos. 9), and on-site photographs;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. While the Defendant, who had the same criminal history as the reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, drives a vehicle under the influence of alcohol level of 0.217%, should be sentenced to strict punishment. However, considering the fact that the Defendant is the age of 65 years and all of the crimes committed, and the distance of driving under the influence of alcohol is very short, the execution of the sentence should be suspended.