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(영문) 대전지방법원 공주지원 2015.05.22 2015고단48
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the defendant shall be sentenced to the above punishment for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal record] The defendant was sentenced to a fine of 2.5 million won on August 1, 200 to a violation of the Road Traffic Act (driving) at the Sungnam branch of the Suwon District Court on June 27, 2002, to a suspended sentence of 2 years on October, 200, to a suspended sentence of 2 years on December 13, 200, to a crime of violation of the Road Traffic Act (driving) at the Jungnam branch of the Incheon District Court on December 27, 200, to a suspended sentence of 3 million won on May 14, 201, from a concurrent branch of the Daejeon District Court on June 25, 201 to a fine of 1 million won on the same crime, and from the same support on June 25, 2010 to a suspended sentence of 1 year on April.

[Criminal Facts] On February 8, 2015, the Defendant driven a B-wing truck while under the influence of alcohol content of about 7km from the section of about 0.113% of alcohol alcohol level to the three distance from the roads in front of the trade infinite, Cheongyang-gun, Cheongyang-gun, Cheongyang-gun to the front of the Cheongyang Police Station located in the same Cheongyang-gu, Cheongyang-gu, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (not less than twice the same kind of power), and application of four copies of judgment;

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 factors favorable to the accused among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Articles 59 and 62 of the Act on Probation, etc. include three times a suspended sentence of imprisonment and six times a fine for the crime of violating the Road Traffic Act.

Nevertheless, since the Defendant again committed the instant crime, it is inevitable to choose imprisonment with prison labor for the Defendant.

In determining a specific sentence, the above circumstances and circumstances.

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