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(영문) 대전지방법원 서산지원 2014.09.26 2014고단572

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 May 9, 2014, the Defendant, while under the influence of alcohol on 0.114% of blood alcohol concentration, driven a B cco-sports car from the 3km section from the front side of the name underground string in Seosan-si, Seosan-si to the c apartment near the 3km apartment located in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual condition survey report;

1. A report on detection of a reemployed driver and a statement on the status of the reemployed driver;

1. Application of the statutes governing traffic accident-related photographs;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, and Article 62-2 of the Act on January 24, 2008, including the fact that the defendant had a large number of records of drinking driving, which include a fine of 6 million won for drinking driving from the Seoggu District Court Branch of the Daegu District Court on January 24, 2008, and again, it is not good to commit such crime.

However, considering the fact that the defendant is in profoundly against the crime of this case in light of the circumstances favorable to the defendant, the punishment as ordered shall be determined in consideration of various sentencing conditions indicated in the records of this case, such as the occupation, criminal record, family relation, and economic aspects of the defendant, and the suspension of execution thereof shall be ordered to order the defendant to attend social service and compliance driving lecture.

It is so decided as per Disposition for the above reasons.