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(영문) 대전지방법원 천안지원 2013.06.13 2013고단425

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

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 August 11, 2008, the Defendant issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act at the Busan District Court, and on July 22, 2009, the Defendant was sentenced to a suspended sentence of two years and a compliance officer lecture in the above court for the same crime, etc. on July 22, 2009. On April 2, 2013, the Defendant driven B New Car at the parking lot of the Yandong Police Station located in the same business Dong-dong from the area of about 10km to the parking lot of the Yanandong Police Station located in the same business Dong-dong from the area of approximately 0.056 percent of alcohol during blood alcohol level on April 2, 2013.

Summary of Evidence

1. Defendant's legal statement;

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

1. A copy of a report on detection of a drinking driver, a report on the status of a drinking driver, and a copy of the usage register of a drinking measuring instrument;

1. Previous records of judgment: Application of four copies of Acts and subordinate statutes, such as criminal records and written judgments;

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

1. Although it is not good that the defendant, who has been punished several times for the same kind of crime with the same reason for sentencing under Article 62(1) of the Criminal Act, once again drives under the influence of alcohol, the execution of the sentence shall be suspended considering the fact that the defendant has led to the confession of the crime and that circumstances that can be considered in light of the situation of drinking water and control are observed;