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(영문) 대전지방법원 2013.06.20 2013고단1249
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 July 20, 2007, the Defendant received a summary order of two million won or more as a fine for a violation of the Road Traffic Act by the Daejeon District Court on July 20, 2007, and a summary order of 3.5 million won or more as a fine by the same court on November 9, 2007.

On March 16, 2013, at around 22:40, the Defendant driven C vehicle while under the influence of alcohol content 0.101% of alcohol, at approximately 1 km distance from the fright road in Seo-gu Daejeon, Seo-gu, Daejeon to the flood end road in the Seo-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report accompanied by a copy of a summary order);

1. Relevant Articles of the Act on Criminal Facts and the Selection of Punishment: Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. An order to attend a course: It shall be determined by the same sentence as the order, in consideration of the fact that the criminal records of the same kind of punishment and the amount of drinking are four times, and the punishment is not written, taking into account the fact that the defendant has no criminal records of the same suspension of execution or more than the criminal records of the same kind, and that the defendant is willing not to repeat a crime in the future by seriously opposing himself/herself;

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