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(영문) 대전지방법원 2015.04.22 2014고단4241
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 28, 2011, the Defendant was issued a summary order of 2.5 million won of a fine for the same crime from the Youngju District Court’s Young-dong Branch, and a summary order of 7 million won of a fine at the Daejeon District Court on September 12, 2012 as the same crime.

On October 11, 2014, at around 13:20, the Defendant driven a car with C low alcohol level of about 500 meters from the front of the Gangseo-gu Eup Myeon, Daejeon Metropolitan City to the front of the dialogue third-distance in the same Gu.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Detection of, and circumstantial report to, a host driver;

1. The actual survey report and on-site photographs;

1. Records before judgment: Criminal records, etc. inquiry inquiry reports and application of Acts and subordinate statutes of two copies of summary orders;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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