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(영문) 대전지방법원 2013.11.11 2013고단3650
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 April 24, 2009, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Daejeon District Court on April 24, 2009, and on October 7, 2010, the said judgment became final and conclusive on the 15th of the same month after being sentenced to a fine of KRW 3 million due to the same crime in the same court.

On August 23, 2013, at around 04:30, the Defendant driven B Potete with the alcohol concentration of about 0.143%, while under the influence of alcohol at about 3 km from the influent land of the new carbon and vibration located in Daejeon Seo-gu, Daejeon to the front of the same hyeong-dong road.

As a result, the Defendant once or more times driven the above vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Reports on detection of drivers and circumstantial statements of drivers;

1. Each photograph;

1. Previous records: Application of criminal records, etc. and investigation reports (verification of two-time records of sound driving)-related Acts and subordinate statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., violations in depth, the absence of any past record of a heavier criminal punishment than a suspended sentence, and some of the circumstances of the crime);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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