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(영문) 대전지방법원 2016.01.19 2015고단3764
도로교통법위반(음주운전)
Text

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

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 28, 2011, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Daejeon District Court on March 28, 201, and on November 26, 2008, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for a violation of the Road Traffic Act (drinking driving) at the same court on November 26, 2008.

On September 13, 2015, the Defendant driven B K5 vehicle under the influence of alcohol with approximately 0.194% alcohol content from around 200 meters away from the front of the Haak-dong, Seo-gu, Daejeon, Seo-gu, Seo-gu, Daejeon to the street of the same Gu G5-dong G5-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Previous records: Application of Acts and subordinate statutes to inquire into criminal records and report criminal investigations (report on binding of criminal records of the same kind of crime, such as written judgments);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting an offense;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. It is so decided as per Disposition for the reason of taking lectures and providing community service orders under Article 62-2 or more of the Criminal Act;

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