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(영문) 대전지방법원 2015.06.25 2015고단1463
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 March 9, 201, the suspect was issued a summary order of KRW 1 million for the violation of the Road Traffic Act in the Daejeon District Court Seosan Branch of the Daejeon District Court on March 9, 201, and a fine of KRW 4 million for the violation of the Road Traffic Act in the Daejeon District Court Seosan Branch of the Daejeon District Court on July 23, 2014.

On April 20, 2015, around 02:10, the Defendant driven the said car at the section of about 10 meters up to 10 meters from the day when the Defendant was under the influence of 0.118% of blood alcohol level at the department store parking lot. The Defendant driven the said car at the section of approximately 10 meters until the Defendant was under the influence of 0.118% of blood alcohol level at the department store parking lot.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver and the report on detection of the driver;

1. References to inquiries, such as criminal records, and the application of investigation reporting statutes;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Taking into account all the conditions of sentencing, such as the punishment of a fine of the same kind on the grounds of sentencing under Article 62 (1) of the Criminal Act twice, the amount of a fine of the same kind imposed once a fine of the same kind is imposed, the driving distance, reflectivity, motive and circumstances leading to the crime, and the

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