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(영문) 대전지방법원 2014.08.28 2014고단2236
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 5, 2008, the Defendant was sentenced to a fine of one million won for the crime of violation of the Road Traffic Act at the Daejeon District Court on December 23, 2008, a fine of one million won for the same crime in the same court on December 23, 2008, and a suspended sentence of two years for the same crime in the same court on April 2, 2009.

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice, at around 00:40 on June 24, 2014, the Defendant driven CM5 car under the influence of alcohol with a blood alcohol concentration of about 0.199% from a 50-meter section to the road located in the same Gu, in front of the 36 mnive road in the front of the liberic road located in the front of the liberic road located in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and confirmations) and Acts and subordinate statutes;

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

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are determined as follows in consideration of the following circumstances:

One time of the same suspended execution (209), two times of fines for the same kind of fine, three times of fines related to driving without a license, and the driving distance, reflectivity, etc.

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