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(영문) 대전지방법원 2013.12.19 2013고단3648
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten 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 September 9, 2008, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act at the Daejeon District Court on September 9, 2008 and a fine of 2 million won for the same crime at the same court on October 11, 2010.

On July 30, 2013, at around 00:05, the Defendant driven a pet car from the Gestan Highway on the Gestanbuk-si in the state of alcohol of 0.161% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of statutes concerning criminal records;

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. 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 (including the fact that the distance of driving is shorter, the degree of drinking alcohol, and the fact that the person commits a mistake);

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;

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