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(영문) 대전지방법원 2013.11.01 2013고단2766

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 24, 2011, the Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor at Daejeon District Court for the crime of interference with business, etc., and the judgment became final and conclusive on December 2, 2011.

On June 29, 2013, at around 22:40, the Defendant driven CCA 110B Orala while under the influence of alcohol with approximately 0.263% alcohol concentration at around 500 meters in front of a restaurant where it is impossible to know the trade name of the Jung-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Sentence 3 of Article 55(1)3 of the Criminal Act for discretionary mitigation is a crime committed during the period of suspended sentence of sentence for the reason of sentencing (i.e., imprisonment without prison labor or heavier punishment for the same kind, not less than two times prior to imprisonment without prison labor, driving distance, and the occurrence of traffic accidents) and is punished by imprisonment with prison labor in consideration of the fact that the criminal defendant has a high drinking level, circumstances after committing the crime, etc., and continues to undergo medical treatment with strong intent to cure alcohol dependence military, etc.