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(영문) 대전지방법원 천안지원 2015.12.10 2015고단1793
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 February 24, 2007, the defendant was notified of a summary order of a fine of 500,000 won for a violation of the Road Traffic Act in the support of the Daejeon District Court on February 24, 2007, and on July 16, 2010, the defendant was notified of a summary order of a fine of 1.5 million won or more for a violation of the Road Traffic Act.

On July 23, 2015, the Defendant, while under the influence of alcohol on 01:24% of blood alcohol concentration, driven BM3 automobiles at the section of approximately 200 meters from the cafeteria near the Asan Terminal located in the Asan-si, Asan-si, Busan-si to the 107-dong in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. On-going driving reports, and on the results of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (Attachment to copies of judgments of the same kind of case of a suspect);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Taking into account that there is no past record of criminal punishment exceeding a fine);

1. Social service order under Article 62-2 of the Criminal Act;

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