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(영문) 대전지방법원 2015.05.13 2015고단820

도로교통법위반(음주운전)

Text

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 became final and conclusive.

Reasons

Punishment of the crime

On February 1, 2008, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by issuing a summary order of KRW 1 million by a fine for a violation of the Road Traffic Act at the Daejeon District Court on February 1, 2008, and a summary order of KRW 5 million by the same court on August 30, 2013, respectively.

On February 18, 2015, at around 00:05, the Defendant driven CM5 car under the influence of alcohol concentration of 0.131% from the 51-lane, Dong-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. The employer, the driver and the circumstantial report;

1. A traffic accident report and accident site photograph;

1. Previous records of judgment: Application of inquiry reports on criminal records, etc. and investigation reports (attached to the previous records and summary orders);

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 (Taking into account reflectiveness, partial driving circumstances, etc.);