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(영문) 대전지방법원 2015.06.24 2015고단967
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

Criminal facts

On December 2, 2010, the Defendant received a summary order of a fine of 1.5 million won for a violation of the Road Traffic Act at the Cheongju District Court on December 2, 201, and on February 1, 2008, the Defendant received a summary order of a fine of 1.5 million won for a violation of the Road Traffic Act at the Daejeon District Court on February 1, 2008.

On March 11, 2015, the Defendant: (a) 05:00, while under the influence of alcohol at 0.131% of blood alcohol level, and (b) 364 Puudo City 1 officetel 1st to 2nd underground parking lot, the Defendant transpied the car at a section of approximately 100 meters from the first floor to the second floor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Reports on detection of drivers, reports on the statement of the status of drivers, and investigation reports (control details);

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (former records and summary orders attached) Acts and subordinate statutes;

1. Article 148-2 (1) 1 of the Road Traffic Act and Articles 148-2 (1) 1 and 44 (1) of the same Act applicable to the applicable criminal facts and the

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is considerable, and the fact that the defendant has been punished several times for the same crime, and that the punishment for such crime is not minor, is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized the crime of this case and reflected against the defendant, and that the distance of drinking driving is relatively short and the circumstances are somewhat less considered is favorable to the defendant.

In this regard, the defendant's age, character and conduct, family relationship, health, environment, and all other circumstances shown in the pleadings shall be considered as the disposition.

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