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(영문) 대전지방법원 서산지원 2015.05.28 2015고단216
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

[criminal power] On March 18, 2010, the Defendant issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on March 18, 2010, and KRW 2 million as a fine in the same court on September 3, 2014.

【Criminal Facts】

On March 5, 2015, at around 22:15, the Defendant driven a B-to-pur X car with approximately 20 meters alcohol concentration at approximately 0.107% under the influence of alcohol from the front line of the aid project in the Eup/Myeon of Seosan-si to the front route of the tending in the same Dong.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (reports on confirmation of criminal records of the same kind of punishment of a suspect);

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and order to attend a lecture is that the defendant had been punished twice for the same crime, and that he/she again drives under drinking on July 25, 2014 even though he/she was found to have been punished for driving under drinking on July 25, 2014, he/she is disadvantageous to the defendant, and that he/she has no other criminal record except that he/she has already been sentenced twice or twice

In addition to the above circumstances, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.

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