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(영문) 대전지방법원 2014.01.21 2013고단4033
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

On May 27, 2008, the Defendant was issued a summary order of one million won of a fine for a violation of the Road Traffic Act at the Jung-gu District Court on May 27, 2008, and on August 20, 2010, the Defendant was issued a summary order of two million won of a fine for the same crime in the Jeju District Court's Jeju Branch Branch.

At around 14:00 on September 19, 2013, the Defendant was under the influence of alcohol with 0.130% of blood alcohol concentration, and the Defendant was driving a broadband car from the 505-dong parking lot in the Changdong, Dobong-gu Seoul Metropolitan Government to the point of 354 K km of the middle-speed Highway located in Gwangju City from the 505-dong parking lot to the middle-round 354 K km.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Investigation reports (demark);

1. Application of statutes concerning criminal records and copies of each summary order;

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 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The defendant's responsibility for the crime of this case is heavy in light of the fact that the defendant committed the crime of this case at the same time despite the fact that the reason for sentencing under Article 62-2 of the Criminal Act of probation and community service order had a history of punishment due to drinking driving, etc.

However, in consideration of the fact that the defendant is against the wrongness and that there is only the history of punishment of fines for the same kind of crime, a judgment of probation shall be sentenced at once, but probation and community service order shall be added to prevent recidivism.

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

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