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(영문) 대전지방법원 천안지원 2013.11.14 2013고단997

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 21, 2013, at around 05:50, the Defendant driven Brens kylcom with alcohol leveling to approximately 0.152% of alcohol level at a distance of about 10km from the front of the 219-1st century in the Sinan-si, Sinsan-si to the front day of viewing in the Seoan-gu, Seoan-si, Seoan-si.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes, such as a report on detection of a drinking driver, a report on the status of a drinking driver, a ledger of use of a drinking measuring instrument, a manual for crackdown, and photographs;

1. Relevant provisions of Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is as follows: (a) the Defendant, who had been already sentenced to a fine on one occasion due to the crime of drunk driving, such as this case, is not liable in that he/she drives a drinking again; (b) however, there is no history of punishment other than the fine as above; and (c) the Defendant’s mistake is contrary to the fact that it is merely a mere mere crime of drunk driving.