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(영문) 대전지방법원 2015.04.08 2015고단288 (1)
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 25, 2008, the Defendant was punished by a fine of two million won due to a violation of the Road Traffic Act (driving) at the Daejeon District Court on July 25, 2008, and was punished by a fine of five million won due to the same crime in the same court on February 7, 2013 and violated Article 44(1) of the Road Traffic Act on at least two occasions.

On January 27, 2015, the Defendant, while under the influence of alcohol of 0.068% of blood alcohol level around 23:35, operated a dlearning car in a section of about 200 meters in front of the Seo-gu Daejeon, Seo-gu, Daejeon, with the common literature located in the middle-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

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

1. Making a report on the control of drinking driving;

1. Control note;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act ( regard for repeated consideration of the following favorable circumstances):

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc.: Circumstances that have already been punished by a fine due to a violation of the Road Traffic Act through several times, including the fact that the confession, reflectivity, and the amount of drinking water is relatively high: Other factors such as the defendant's age, family relation, details of crimes, etc.: The sentence of imprisonment with prison labor for not less than six months, a stay of execution for not less than two years, and a stay of not less than 40 hours shall be determined as the disposition

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