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(영문) 대전지방법원 2013.10.02 2013고단2643
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On May 28, 2009, the Defendant was sentenced to 6 months of imprisonment and 2 years of probation for the crimes of Road Traffic Act, etc. at the Daejeon District Court on May 28, 2009, and on August 19, 2010, at the Daejeon District Court sentenced 6 months of imprisonment for the crimes of violation of the Road Traffic Act, etc., and the said suspended sentence became null and void, and on December 24, 2010, the period of parole was expired on February 18, 201.

On May 25, 2013, at around 22:13, the Defendant driven B tea while under the influence of alcohol content of 0.118%, at a distance of 400 meters from the front day of a restaurant in the mutual scam, Seo-gu, Seo-gu, Daejeon to the front end of the Dong social welfare center.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Previous records before and after judgments: Application of Acts and subordinate statutes on criminal records, replys to criminal records, written judgments, written assistance to agreement of cases, and personal identification and acceptance status;

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 for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that even though the defendant had a variety of records of the same kind, committed the crime of this case during the repeated crime period, considering the circumstances leading to the crime of this case, there are circumstances that may be considered in light of the circumstances leading to the crime of this case, the defendant is able to lead a work life faithfully due to his difficult circumstances, support his wife and children, and his mistake is divided into a truth, it is reasonable to give an opportunity once again. It is so decided as per Disposition.

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