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(영문) 대전지방법원 서산지원 2014.07.25 2014고단405
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 April 29, 2014, at around 23:33, the Defendant driven a C low-speed car with a blood alcohol content of about 0.130% under the influence of alcohol at approximately 3km section from the front of a restaurant on the trade name and the 660-ro of the same Eup to the front of the 660-ro of the same Eup, Hanjin-gu, Hanjin-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation, etc. Act, including the fact that the defendant, on February 1, 2013, received a summary order of a fine of two million won for drinking driving from the Seosan Branch of the Daejeon District Court on February 1, 2013, even though he/she had the record of drinking driving, the crime of drinking driving in this case is not good.

However, considering the circumstances favorable to the defendant that the defendant would not drive under the influence of alcohol again, the punishment shall be determined by taking into account the conditions of various sentencing indicated in the records of this case, such as the defendant's health status, family relationship, occupation, and criminal record, and the execution thereof shall be suspended and the defendant shall be ordered to attend the compliance driving lecture.

It is so decided as per Disposition for the above reasons.

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