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(영문) 대전지방법원 2013.05.03 2013고단756

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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 February 27, 2008, the Defendant issued a summary order of KRW 1.5 million at the Daejeon District Court on April 22, 2008, when he/she under the influence of alcohol with a maximum alcohol content of 0.094% and was under the influence of alcohol. On June 10, 2010, the Defendant was under the influence of alcohol and was under the influence of alcohol with a maximum of KRW 2 million at the Daejeon District Court on October 18, 2010.

On January 20, 2013, at around 22:05, the Defendant driven Bone Star Co., Ltd. under the influence of alcohol concentration of about 0.103% over the road located in the Guwon-dong, Seo-gu, Daejeon, Seo-gu, Daejeon, in front of the 1 complex, where it is controlled on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The application of Acts and subordinate statutes to inquiry reports and investigation reports, such as inquiry reports on the results of the control of drinking driving, and criminal records of drinking drivers;

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;

1. The grounds for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Probation Criminal Act include both the defendant's mistake and the defendant's mistake. However, the same kind of crime continues to be repeated, and the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and other various sentencing conditions specified in the arguments of this case, including the circumstances after the crime, shall be determined as ordered by the order.