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(영문) 대전지방법원 서산지원 2013.12.12 2013고단549

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 becomes final and conclusive.

Reasons

Punishment of the crime

On August 14, 2008, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on August 14, 2008, and on December 18, 2008, sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the same court.

On July 19, 2013, at around 21:05, the Defendant driven BM5 car in a state where approximately 0.130% alcohol content was performed from around 5km to the front road of the community hall located in Jinan-gun located in Jinanan-gun, Naman-gun, Naman-gun, Naman-gun, a Yan-gun, Naman-gun, a Yan-gun, Naman-gun, a Yan-gun, in a state where the blood alcohol content was 0.130%.

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. Inquiry into the results of the crackdown on drinking driving, and requests for appraisal;

1. Before ruling: Application of criminal records and summary order statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (the stay of execution shall give the last opportunity in consideration of the fact that the act of crime is recognized and reflected, and the probation, etc. shall be ordered to prevent recidivism);

1. It shall be decided as per Disposition for the reason of probation, community service, or lecture attendance order under Article 62-2 of the Criminal Act or more;