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(영문) 대전지방법원 2013.10.02 2013고단3049

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six 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 April 7, 2009, the Defendant driven a motor vehicle under the influence of alcohol on two or more occasions by having been sentenced to a fine of one million won as a violation of the Road Traffic Act (driving under the influence of alcohol) at the Daejeon District Court on June 3, 2013, and a fine of two million won as a same crime at the same court on June 3, 2013. On July 16, 2013, the Defendant driven a motor vehicle under the influence of alcohol of approximately four km up to eight km in the agricultural and fishery product market located in the Taedong-dong, Daejeon-gu, Daejeon on July 16, 2013 at the entrance of the hot spring station located in 51-10, Seodong-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-dong, under the influence of alcohol of 0.07

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to report criminal records, references to criminal records, dispositions not yet made, and results of confirmation;

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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration, such as the fact that the blood alcohol concentration is not higher than that of the blood alcohol concentration, and the fact that the blood alcohol content is reflected);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration in the preceding);