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(영문) 대전지방법원 2013.08.16 2013고단2585
도로교통법위반(음주운전)
Text

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

Reasons

Punishment of the crime

On December 26, 2006, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act at the Daejeon District Court on December 26, 2006, and a suspended sentence of 2 months for the same crime at the same court on April 15, 2009.

On May 8, 2013, the Defendant, while under the influence of alcohol of 00:00:05, driven a C cargo vehicle with approximately KRW 500 meters from the Do in front of the Daejeon Seo-gu Daejeon Seo-gu Dansan-dong Do to the 128-12 Dave loan, Daejeon-dong Do.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes, such as criminal records;

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. The punishment of a person subject to discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act was imposed twice the same kind of fine for the reason of sentencing (including distance of driving, reflectivity in the court, Defendant’s age family relationship, etc.) and twice the same year of the suspension of the execution, one time before the same suspension of the execution, and one time at a very high level of drinking, and thus, the risk of recidivism was high, and

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