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(영문) 대전지방법원 서산지원 2014.07.25 2014고단441
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On September 5, 2007, the Defendant was sentenced to a fine of 6 million won by the same court as a crime of violating the Road Traffic Act, in the Hongsung Branch of the Daejeon District Court on September 5, 2007.

【Criminal Facts】

On March 31, 2014, at around 02:31, the Defendant driven a B-learning car under the influence of alcohol content of about 20k from the section of about 0.141% of blood alcohol content to the road front of the Simn Pyeong Station in the Simn Jin-si budget Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records of judgment: Inquiry reports, investigation reports (Attachment of a copy of judgment on criminal records), and application of the Acts and subordinate statutes attached thereto;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., even if the defendant had been sentenced to punishment for drunk driving, it is again possible to drive under drinking again and the nature of the crime is not good;

However, considering the circumstances favorable to the defendant that the defendant would not drive a motor vehicle again, such as violating the crime of this case, disposing of the vehicle, etc., the punishment shall be determined by taking into account the defendant's age, occupation, and criminal record, and taking into account the various sentencing conditions stated in the records of this case, such as the defendant's age, occupation, and criminal record, and the execution thereof shall be suspended and the defendant shall be ordered to attend the community service and compliance

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

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