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(영문) 대전지방법원 2015.01.30 2014고단4274

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 becomes final and conclusive.

Reasons

Punishment of the crime

On July 9, 2007, the Defendant was sentenced to a fine of 2.5 million won as a crime of violation of the Road Traffic Act at the Cheongju District Court on July 9, 2007, and on February 1, 2008, by the same court, to a suspended sentence of 2 months for the same crime.

At around 18:45 on September 6, 2014, the Defendant driven a 4km freight vehicle from the front of his house in Heung-gu Seoul Special Self-Governing City to the front of the new Heungdong-gu Special Self-Governing City, Sejong Special Self-Governing City, in a state of alcohol of 0.17% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of statutes concerning criminal records;

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

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

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., one time of the same suspended sentence (208), three times of fines for the same kind of punishment (2007 before the head of the 2007), four times of fines for transplant, driving distance, details of detection, recidivism in approximately seven years, and other consideration;