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(영문) 대전지방법원 2015.11.12 2015고단3195
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 June 11, 2012, the Defendant issued a summary order of KRW 4 million to a fine of KRW 4 million for a violation of the Road Traffic Act at the Daejeon District Court on June 11, 2012, and on June 29, 2012, a fine of KRW 5 million for a violation of the Road Traffic Act at the Pyeongtaek District Court on Pyeongtaek-gu District Court on June 29, 2012, respectively, and violates Article 44(1) of the Road Traffic Act on at least two occasions.

On September 4, 2015, at around 07:13, the Defendant driven CMF5 car from the front day of the CMF convenience store located in the Sejong-si Eup principle of Sejong-si, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, to the front day of the upstream oil station located in the Sejong-gu, Chungcheongnam-gu, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to an inquiry report, inquiry report, criminal record, etc.;

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

1. Article 62 (1) of the Criminal Act (the same shall not apply to cases where he/she has no criminal record of reflection or suspension of execution);

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