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(영문) 대전지방법원 2014.06.12 2014고단1151
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 September 23, 2008, the Defendant received a summary order of KRW 1,50,000 from the Jung-gu District Court on September 23, 2008 to a fine of KRW 1,50,000 due to a violation of the Road Traffic Act (driving) and a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) in the leisure branch of the Suwon District Court on February 20, 209.

On April 8, 2014, at around 20:25, the Defendant driven a c motor vehicle with a blood alcohol content of about 0.172% from the 1km section of approximately 1 km to the road front of the salary 3-Honam of Sejong Special Self-Governing City, jointly signed by Sejong Special Self-Governing City, at around 20:30 on the same day.

As a result, the defendant has violated Article 44 (1) of the Road Traffic Act not less than twice and has driven a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (reports on attachment of suspect-related judgments);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment or Imprisonment);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., reflectiveness, driving distance, etc.);

1. Article 62 (1) of the Criminal Act;

1. The period of suspension of execution shall be fixed, taking into consideration the following factors: one time of suspension of execution due to the without permission, driving, etc. for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. (209), five years including four times of fines for the same kind of fine, recidivism, serious reflectivity, Defendant's age and family relation, the same kind of criminal record and high drinking alcohol and driving distance;

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