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(영문) 대전지방법원 천안지원 2014.02.20 2013고단1739
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for seven months.

except that 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 January 8, 2007, the Defendant issued a summary order of KRW 4,50,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Daejeon District Court on October 15, 2008, and a fine of KRW 1,50,000 as a fine for the same crime at the Chungcheong District Court on October 15, 2008. On November 5, 2013, the Defendant driven a motor vehicle under the influence of alcohol level of approximately 0.154% on the road at approximately 20 km from the front side of the trade name in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu to the 349 km at a 349 km road.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on detection of a drinking driver, report on the status of a drinking driver, and the ledger of use of a drinking measuring instrument;

1. Previous records: Application of inquiries, such as criminal records, and summary order 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act suspended execution (the confession of the facts of crime and reflects the wrongness, the fact that there is no record of punishment sentenced, and the total 4 times a crime of drinking driving in the past, but the past records of drinking driving in the case was generated at the time five years have elapsed since the case in 2008, etc.);

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