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(영문) 대전지방법원 홍성지원 2013.10.02 2013고단666
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 18, 2013, at around 06:20 on August 18, 2013, the Defendant driven B rocketing car volume with the blood alcohol concentration of 0.216% in the section of approximately 1m of 1m from the day before the Hemnsan-si, Hamsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report;

1. On-site photographs;

1. A report on detection of a host driver;

1. Statement on the circumstantial statement of the employee;

1. Application of the Acts and subordinate statutes of the hostile inquiry;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Circumstances in which the following reasons for sentencing are described):

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act (restatement of the reason for sentencing, etc.) has already been punished by a fine for a violation of the same Act in 2010, even though the Defendant had already been punished by a crime of violation of the same Act in the year 2010, the Defendant committed the instant crime at the same time. The blood alcohol concentration level at the time is significant. However, the Defendant’s confession of the instant crime and the fact that the Defendant appears to be contrary to the Defendant’s favorable sentencing factors, should be considered as the factors for the sentencing that are favorable to the Defendant. In addition, the Defendant’s punishment against the Defendant shall be determined by comprehensively taking into account all the conditions of the instant sentencing as indicated in the record

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