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(영문) 대전지방법원 천안지원 2013.11.07 2013고단1109
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six 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 October 15, 2007, the Defendant was issued a summary order of 2 million won or more as a crime of violating the Road Traffic Act (driving) at the Sungnam Branch of Suwon District Court, and a summary order of 2.5 million won or more as a crime of violating the Road Traffic Act (driving) from the Daejeon District Court's Incheon Branch of the Daejeon District Court on August 10, 201.

【Criminal Facts】

On July 19, 2013, at around 22:43, the Defendant driven a B-hand car in the state of alcohol alcohol content of about 0.075% at a distance of approximately 400 meters from the string of the extreme apartment in the same Dong-dong located in the Dong-dong, Seo-gu, Seo-gu, Seocheon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. The user ledger of the measuring instruments for drinking;

1. Previous convictions in judgment: To apply inquiry reports and investigation reports (attached to summary orders of suspects)-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation and lecture attendance order under Article 62-2 of the Criminal Act is subject to probation and lecture for compliance driving, taking into account the fact that the defendant, for the reason of sentencing and lecture attendance order, has served several times of drinking driving, has again been punished, taking into account the fact that he/she drives under drinking again despite the fact that he/she has served as a drinking driver, has a profound proportion to his/her own crime, and has no criminal record exceeding the suspended sentence

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