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(영문) 대전지방법원 서산지원 2014.10.24 2014고단705
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 July 13, 2014, at around 22:40, the Defendant driven a spoke flobbbbing vehicle B with a blood alcohol concentration of about 700 meters from a 700-lane Dol-dong up to the 229-side Dol-dong, Sposi, Sposi-si, Sposi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial reports on drivers;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the accused, even though he had a large number of criminal records related to drinking, driving in this case again and the nature of the offense is not good;

However, considering the circumstances favorable to the defendant that the defendant reflects the crime of this case in depth and is going to refrain from driving under drinking again after scrapping the vehicle operated, considering the conditions of various sentencing specified in the records of this case, such as occupation, criminal records, family relations, and economic aspects of the defendant, the punishment shall be determined as per the order. The defendant shall be suspended from the execution and shall be ordered to attend the community service and compliance driving lecture.

It is so decided as per Disposition for the above reasons.

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