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(영문) 대전지방법원 서산지원 2014.05.23 2014고단57

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 24, 2006, the Defendant was sentenced to a fine of 700,000 won for the crime of violation of the Road Traffic Act at the Daejeon District Court on April 22, 2008, a fine of 2 million won for the same crime at the same court on April 22, 2008, and a suspended sentence of 2 months for the same crime at the same court on December 5, 2008.

On January 14, 2014, around 01:24, the Defendant driven a Bro-car with approximately 3 km section from the main point of “balk stone” located in the Sinjin-si, Sinjin-si, to the front road located in the same Ri, while under the influence of alcohol content of about 0.244%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Although the reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, even though a criminal defendant had been punished several times due to drinking driving, the crime of this case is not good, considering the circumstances favorable to the defendant that the defendant was committed at the time of the crime of this case, committed a mistake in depth, and attempted not to drive under the influence of alcohol again, and disposed of the vehicle, the punishment shall be determined by taking into account the defendant's age, occupation and criminal record, and taking into account various sentencing conditions indicated in the records of this case, such as the defendant's age, occupation and criminal record, the execution of the sentence shall be suspended, and the defendant shall be ordered to attend the community service and compliance driving.

It is so decided as per Disposition for the above reasons.