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(영문) 대전지방법원 2013.12.03 2013고단3723
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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 June 20, 2011, the Defendant was sentenced to a summary order of one million won by a fine for a violation of the Road Traffic Act at the Daejeon District Court, on August 22, 2011, to a summary order of three million won by a fine for a violation of the Road Traffic Act, etc. at the Daejeon District Court on August 22, 201, respectively, and on August 26, 201, to a suspended sentence of one year by imprisonment for a violation of the Road Traffic Act at the Daejeon District Court on August 26, 2011.

On August 31, 2013, at around 23:00, the Defendant driven C rocketing car under the influence of alcohol content of about 1k from a section of approximately 1k to a 0.115% of blood alcohol content on the road near the Gayang-dong, Daejeon-gu, Daejeon to the road front of the Gayang-dong in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The application of Acts and subordinate statutes to report criminal records, US records, and results of confirmation;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act on the stay of execution (the conditions shall be taken into consideration, such as the fact that the crime was committed twice the previous ability, in particular, during the period of probation, and the nature of the crime is not good, but the drinking alcohol level is not high, and that the crime is against the wrongness);

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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