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(영문) 대전지방법원 2013.07.17 2013고단1962

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On June 26, 2006, the defendant was sentenced to a summary order of 2.5 million won for the crime of violation of the Road Traffic Act at the Daejeon District Court, and on October 26, 2006, the defendant was sentenced to a suspended sentence of 4 months for the same crime in the same court. On February 11, 2009, the defendant was sentenced to a suspended sentence of 2 months for the same crime.

【Criminal Facts】

On May 10, 2013, at around 22:40, the Defendant driven C Truck under the influence of alcohol content of 0.164% on the front of the main apartment 109-dong, Daejeon East-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

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

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to a report on investigation (criminal records);

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. Suspension of execution under Article 62 (1) of the Criminal Act (i.e., the fact that a person commits an error in his/her own body is divided in depth and that he/she does not repeat again, and that the distance of operation is not long, considering extenuating circumstances);

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;