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(영문) 대전지방법원 공주지원 2014.06.13 2014고단76

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the defendant shall be sentenced to the above punishment for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On October 30, 2007, the Defendant was sentenced to imprisonment with prison labor for 6 months with prison labor for a violation of the Road Traffic Act (driving) in the official branch of the Daejeon District Court on October 30, 2007, and 4 months from the same court on February 18, 2009.

【Criminal Facts】

On March 2, 2014, at around 15:10, the Defendant, at the same time, driven B, under the influence of alcohol concentration of approximately 2 km from the 2km section to the roads in front of the Agricultural Cooperative Co., Ltd. located in the same Simdong-si, the Defendant driven B, under the influence of alcohol concentration of about 0.139%.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A brewing driver report and an explanatory note;

1. An accident site photograph;

1. A report on the occurrence of a traffic accident or a report on a traffic accident (1, 2, and a report on actual condition);

1. Previous records: Application of criminal records, investigation reports (suspects' previous records and reports on the confirmation of criminal facts) and Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Procedure (Article 62 (1) of the Act on the Suspension of Execution has a history of being punished for a large number of violation of the Road Traffic Act, and has the history of being sentenced to imprisonment with prison labor, for at least four

1. It shall be decided as ordered on the grounds of Article 62-2 of the Criminal Act, and Articles 59 and 62 of the Probation, etc. Act;