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(영문) 대전지방법원 2015.08.26 2015고단1848

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not less than eight 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

On July 5, 2007, the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act by the Daejeon District Court on the following grounds: (a) on January 3, 2007, the Defendant was sentenced to a suspended sentence of 2.5 million won for a violation of the Road Traffic Act; and (b) on January 3, 2007, the Defendant was sentenced to a summary order of 2.5 million won for a violation of the Road Traffic Act.

On May 16, 2015, at around 21:58, the Defendant driven a C-observer car in the state of alcohol alcohol content of about 0.129% at a section of about 800 meters of alcohol content from the front of the restaurant where it is impossible to identify the trade name in the Gandong-dong in the large exhibition, and to the front road of the old-dong Consumer Marshall be located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Control note;

1. Previous convictions in judgment: Application of criminal records and investigation reports (previous and confirmation) and Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;