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(영문) 대전지방법원 2015.06.25 2015고단1456
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 October 16, 2007, the defendant was issued a summary order of KRW 2.5 million by a fine for a violation of the Road Traffic Act at the Daejeon District Court on July 1, 201, and a summary order of KRW 5 million by a fine at the Daejeon District Court on July 1, 2013.

On April 1, 2015, the Defendant: (a) obtained a driver’s license on April 22, 2015; (b) while under the influence of alcohol with a blood alcohol content of 0.148%, the Defendant translified the car from approximately 2 km to the roads front the Samsung Digital Fran, located in the Seo-gu, Seo-gu, Daejeon, Seo-gu, Daejeon, on the front of the restaurant where the trade name in the Seo-gu, Seo-gu, is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Registers of driver's licenses;

1. The application of the Acts and subordinate statutes for inquiry reports and investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Taking into account all the conditions of sentencing, including the drinking volume of a fine of the same kind for the reason of sentencing under Article 62 (1) of the Criminal Act, driving distance, reflectivity, and the age and working environment of the defendant;

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