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(영문) 대전지방법원 2014.06.12 2014고단1088

도로교통법위반(음주운전)

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A defendant shall be punished by imprisonment for not more than ten 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 June 29, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in the Daejeon District Court Seosan Branch of Daejeon District Court for the crime of violation of the Road Traffic Act. On July 28, 201, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act in the Daejeon District Court Seosan Branch of Daejeon District Court.

On March 9, 2014, at around 14:55, the Defendant driven CFD car under the influence of alcohol content of about 3km from around 14:0 to the Busan Metropolitan City, Seo-gu, Seo-gu, Busan Metropolitan City, to the PFD car at around 0.153% of alcohol content.

As a result, the defendant has violated Article 44 (1) of the Road Traffic Act not less than twice and has driven a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement report and the inquiry request for appraisal of an employee;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Relevant legal provisions concerning facts constituting a crime, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of imprisonment (eight times of fines due to high drinking alcohol, drinking driving and driving without a license);

1. Article 53 and Article 55 (1) 3 of the Criminal Act (incompetence, etc.) for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (not less than a suspended sentence of imprisonment);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;