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(영문) 대전지방법원 서산지원 2014.04.25 2013고단941
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

[criminal power] In the Seosan Branch of the Daejeon District Court on June 14, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act (driving) and the summary order of KRW 3 million for the same crime in the same court on December 23, 2009 as well as a person sentenced to a summary order of KRW 3 million for the same crime on July 15, 2010 by the same court on July 15, 201.

【Criminal Facts】

On October 23, 2013, at around 20:38, the Defendant driven a car B in the area of about 20km from a road in front of the lake Park located in Seogsan-si, Seogsan-gun to the road in front of the Southwest-gun, Taean-gun, Taean-gun, Taean-gun, Taean-gun-gun, the Defendant driven a car B in the area of about 20km.

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: Criminal records, inquiry reports, investigation reports (attached to a summary order, etc. of the same kind of power), and the application of Acts and subordinate statutes attached thereto;

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 (The following consideration shall be made again for the reason of sentencing);

1. Although the reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, even though the defendant had been punished several times due to drinking driving, the crime of this case is not good, considering the circumstances favorable to the defendant that the defendant was committed at the time of the crime of this case, and that the defendant would not drive under the influence of alcohol again, considering the defendant's age, occupation, and criminal record, the punishment shall be determined by taking into account various sentencing conditions indicated in the records of this case, such as the defendant's age, occupation, and criminal record, and the execution of the sentence shall be suspended, and the defendant will be ordered to take the part in community service and compliance driving.

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

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