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(영문) 대전지방법원 2014.04.30 2014고단812
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 May 30, 2008, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Daejeon District Court on May 19, 201, and a person who was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the Daejeon District Court on May 19, 201. On February 16, 2014, the Defendant driven a motor vehicle of KRW 200,000,000,000, from a Do near the composite terminal located in the Dong-dong, Daejeon District Court on February 16, 2014 to the roads of Han Bank, while under the influence of alcohol of KRW 0.162% with a blood alcohol concentration of approximately 1 km from a 1km section in the front of the Daejeon District Court.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on actions taken against an employer, and report on the status of an employer, as well as the statement of an employer;

1. Application of Acts and subordinate statutes to inquiry reports, report on the progress of disposition, report on the results of confirmation, and investigation reports (attached report, such as a copy of the judgment);

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for considering the circumstances of the crime);

1. Article 62 (1) of the Criminal Act (The following grounds for sentencing and the conditions of sentencing under Article 51 of the Criminal Act shall be taken into account):

1. The sentencing of Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, Etc. is determined as ordered in consideration of all the following circumstances. favorable circumstances: The facts of crime are recognized and reflected: The judgment is rendered as ordered for the above reasons, such as blood alcohol concentration, Defendant’s existing criminal record relation (a number of fines due to the same criminal record) or higher.

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