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(영문) 대전지방법원 천안지원 2015.06.15 2015고단363
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On July 18, 2008, the Defendant was sentenced to a suspended sentence of four months for a violation of the Road Traffic Act in the support of the Daejeon District Court on July 18, 2008. On September 16, 2009, the Defendant was sentenced to a suspended sentence of four months for a violation of the Road Traffic Act.

On November 11, 2014, at around 21:49, the Defendant driven a B-hurged vehicle with a blood alcohol content of about 0.149% under the influence of alcohol at approximately one kilometer from the front road of the Seocho-gu, Seoul Metropolitan City, Seocho-gu, Seocho-gu to the front road of the Seocho-gu, Gyeongnam-gu, Dong-gu, Seoul Metropolitan City, to the front road of the Cheongnam-gu, Gyeongnam-dong, Gyeongnam-dong.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the results of the drinking control, and the statement of the status of the drinking driver;

1. Previous convictions: Criminal records, each summary order, and the application of Acts and subordinate statutes governing judgment;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment with prison labor;

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

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

1. The sentencing of Article 62-2 of the Criminal Code of the Ministry of Probation, Order to attend a lecture, or Order to attend a community service order has reached the instant crime, despite the records of the same crime. However, it is so decided as per Disposition by taking into account the following factors: the Defendant’s reflection, the Defendant’s age, character and behavior, and environment,

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