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(영문) 대전지방법원 2013.04.26 2013고단723
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 December 6, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Daejeon District Court, and issued a summary order of KRW 2 million for the same crime at the same court on January 30, 2012, which became final and conclusive around that time.

On December 30, 2012, the Defendant, while under the influence of alcohol of 07:57% of blood alcohol concentration, 0.114%, driven a car volume by cloping approximately 1 km from the Seo-gu Daejeon Seo-gu, Daejeon to the roads front of the same Gu’s Gu’s literature curriculum from the department store.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes, such as criminal records;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the fact that there is no criminal record of imprisonment without prison labor or any heavier punishment, and the distance of driving and the distance between time with the previous crimes);

1. Article 62 (1) of the Criminal Act (Consideration of the above circumstances);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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