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(영문) 대전지방법원 공주지원 2015.05.29 2015고단49
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

[criminal record] On August 6, 2003, the defendant issued a summary order of KRW 2 million for a fine of KRW 2 million for a violation of the Road Traffic Act in the official support of the Daejeon District Court on August 6, 2003, the summary order of KRW 2 million for the same crime from August 18, 2005 to the same support on September 28, 2006, the summary order of KRW 2.5 million for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-exclusive license) from the same support on October 16, 208 to the summary order of KRW 1 million for a fine of KRW 1 million for a violation of the Road Traffic Act (driving without a license) and from the same support on September 17, 2010 to the suspended sentence of execution for April 1.

[Criminal Facts] On February 1, 2015, at around 20:45, the Defendant driven a B Ecoo vehicle under the influence of alcohol content of approximately 150 meters from the section of about 150 meters from the front day of the cafeteria in the front day of the City Public Security Center in the front day of the City Public Security Center in the same side of the Gu Public Security Center.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of a drinking driver, inquiry into the results of the crackdown on drinking driving, details of crackdown, reports on the actions of a drinking driver, and reports on the status of a drinking driver;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports (not less than twice a sound record), judgment, etc.;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da1448, Apr. 2

1. Article 62 (1) of the Criminal Act (The following factors favorable to the accused among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Articles 59 and 62 of the Act on Probation, etc. include criminal punishment as stated in the criminal records, such as the crime of violating the Road Traffic Act, and criminal punishment over 20 times.

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