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(영문) 대전지방법원 2015.11.04 2015고단3196
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

[criminal power] On January 3, 2011, the Defendant issued a summary order of KRW 2.5 million at the Daejeon District Court for the crime of violation of the Road Traffic Act, and on August 8, 2013, the same court was sentenced to a fine of KRW 7 million for the crime of violation of the Road Traffic Act, and confirmed on the 17th of the same month.

【Criminal Facts】

On August 20, 2015, at around 01:40, the Defendant driven a C low-priced motor vehicle with a blood alcohol content of 0.205%, and driven approximately 150 meters from the Defendant’s residential background near the Daejeon U.S. D to the same way string of the road.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the actual condition of traffic accidents, report on the actions taken against a driver, and report on the actual status of the driver;

1. Previouss before judgment: Application of criminal records, references to criminal records, amounts of dispositions, and reporting Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of punishment, and the choice of imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration of favorable circumstances among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing criteria are not set for offenses against which the sentencing criteria are applied;

2. Although the Defendant had already been punished for a crime of violation of the Road Traffic Act two times or more, the fact that the Defendant again committed the instant crime and had high blood alcohol concentration at the time of committing the instant crime is disadvantageous.

However, there are parts to be considered in the process of committing the instant crime that the Defendant has led to the instant crime (the Defendant appears to have been driving for parking after returning the substitute driver's article as he/she arrived at the home while he/she had a driver drive the motor vehicle at the time, while he/she let the driver drive the motor vehicle). In addition, the Defendant's age, age, and age.

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