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(영문) 대전지방법원 2013.08.28 2013고단2155

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

At around 23:50 on May 14, 2013, the Defendant driven a 5-meter D 2 freight vehicle from the gambae of the pamba-dong, Seo-gu, Daejeon to the gamba-dong at the intersection in front of the direction of the operation, while under the influence of alcohol content 0.276%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on proper initiative of, and reports on the statement of status of, a prime driver;

1. Relevant Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor as a matter of choice (including the fact that a person commits the same kind of crime has been repeatedly committed even three times before the previous conviction of a fine due to driving);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., distance and circumstances of driving);

1. Article 62 (1) of the Criminal Act (including the fact that there is no criminal record of suspended sentence of imprisonment or more), reflect, etc.);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;