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(영문) 대전지방법원 2014.03.25 2013고단4480
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 July 23, 2009, the Defendant received a summary order of 500,000 won of a fine for a violation of the Road Traffic Act from the Daegu District Court and the Daejeon District Court issued a summary order of 2 million won of a fine for the same crime on February 20, 2012.

On October 15, 2013, at around 00:05, the Defendant driven the B car in the state of alcohol alcohol level of approximately 0.186% from the section of approximately 3 km from the 3km to the road of the X-ray apartment in the Daejeon Seodong-gu Daejeon Seodong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (previous report and investigation reports);

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 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The defendant's criminal liability is heavy in light of the fact that the reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order committed the crime of this case in the same manner although the defendant had been punished twice due to drinking driving, etc.

However, in consideration of the fact that the accused is against the wrongness and that all the records of punishment for the same kind of crime were punished by a fine, a judgment of suspension of execution shall be sentenced at once, but probation and community service order shall be added to prevent recidivism.

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

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