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(영문) 대전지방법원 2015.09.23 2015고단2424

도로교통법위반(음주운전)

Text

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

[criminal power] On January 10, 201, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act at the Daejeon District Court on January 10, 201. On January 21, 201, the Daejeon District Court issued a summary order of KRW 4 million as a crime of violation of the Road Traffic Act (driving) at Daejeon District Court on January 21, 201.

【Criminal Facts】

Around 02:50 on June 5, 2015, under the influence of alcohol with a blood alcohol concentration of 0.162%, the Defendant driven a C Sti-type car from a distance of about 5km from the front day of the player Pospoon in the Maspo-dong in the Maspo-dong, to the front day of the lifelong learning center located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial statement;

1. Measurement of suspect's drinking and field photographing;

1. Previous records: Application of the Act and subordinate statutes of inquiry report on criminal records, etc. (A), investigation report (Attachment to previous records and copies of summary order);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The sentencing criteria are not set for offenses subject to the sentencing criteria;

2. Although the Defendant had had the record of drinking driving twice, and again committed the instant crime, the blood alcohol concentration is not low even in the instant case.

However, considering the fact that the defendant is divided into crimes and reflects the depth of the crimes, the fact that the defendant has no criminal record of the suspension of execution or more, etc., the defendant is considered as favorable circumstances, and the defendant is to be subject to suspended execution only once in consideration of the age, character and conduct, environment, etc. of the defendant, and the conditions of all the sentencing specified in the arguments of