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(영문) 대전지방법원 공주지원 2014.01.07 2013고단329
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

1. Around 21:00 on July 27, 2013, the Defendant driven a B Atop car with a blood alcohol content of about 2 km from the Cheongyang-gun, Cheongyang-gun, Cheongyang-gun, Cheongyang-gun, Cheongyang-gun, to the front road of the Cheongyang-gun, Cheongyang-gun, Cheongyang-gun, Cheongyang-do.

2. On August 30, 2013, at around 12:15, the Defendant driven a B-to-be vehicle under the influence of alcohol with approximately 2 km alcohol content of 0.318% from the 2km section from D’s dwelling area in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do to the wall, Cheongyang-gu, Chungcheongnam-do parking area.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on detection of each host driver, and circumstantial statements of each host driver;

1. Relevant provisions of the Road Traffic Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the punishment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15448, Apr. 2, 201; Supreme Court Decision 2008Da144

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above conditions);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;

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