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(영문) 대전지방법원 2014.01.14 2013고단4178
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 September 18, 2009, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act at the Daejeon District Court on September 18, 2009, and has the record of drinking driving four times.

On October 15, 2013, while under the influence of alcohol 0.165% on blood alcohol level around 22:00, the Defendant driven a vehicle of approximately two kilometers a csppec chex from the front of a cafeteria located in the trade name and aesthetic road located in the Daejeon Seo-gu Daejeon Metropolitan City to the front of the road located in the Daejeon Seo-gu Eup-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking driving control and the application of Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

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 same kind of crime in spite of the fact that the defendant had been punished due to drinking driving, etc. multiple times.

However, a judgment of probation shall be sentenced in consideration of the circumstances such as the fact that the defendant has no heavier punishment than the fine and the fact that the defendant reflects the wrongness, and 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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