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(영문) 대전지방법원 천안지원 2013.11.07 2013고단1207
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

On October 9, 2008, the Defendant issued a summary order of KRW 700,00 won for the crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon-gu branch of the Daegu District Court, and on January 13, 2011, a summary order of KRW 2 million for the same crime in the same support, and on June 2, 201, the Defendant was sentenced to a suspended sentence of two years for the same crime in August 201, and was sentenced to a suspended sentence of two years for the same crime in the same support. On July 19, 2013: (a) around 23:28, 201, the Defendant driven a motor vehicle at Category C under the influence of alcohol concentration of approximately 0.124% from blood alcohol level at the 1km section from the roads near the two sub-dong, Seo-gu, Seocheon-gu, Seocheon-gu, Incheon Special Metropolitan City to the same Kudong apartment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Report on the results of the control of drinking driving, the report on the state of drinking drivers' standing statement, and the ledger of the use of the measuring instruments for drinking;

1. Inquiries, investigative reports (verification of the history of punishment for a violation of the Road Traffic Act), copies of written judgments, and the application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. As stated in all the above facts constituting the crime of sentencing under Article 62-2 of the Social Service Order Criminal Act, the execution of the sentence shall be suspended in consideration of the following facts: (a) although the defendant was already punished on three occasions due to the violation of the Road Traffic Act due to drunk driving in this case, he did not reflect his previous punishment, and even if he again renders a driving under the influence of drinking again after the expiration of the period of suspension of execution; (b) although the defendant is led to his confession of the crime and the distance of drunk driving is relatively short, the execution of the sentence shall be suspended, taking into account the following circumstances:

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