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(영문) 대전지방법원 2013.09.26 2013고단2678
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

On September 24, 2012, the Defendant was sentenced to a fine of KRW 1.5 million in the Daejeon District Court's collegiate Branch on September 24, 2012, and a fine of KRW 4 million in the Daejeon District Court on May 28, 2013.

On May 20, 2013, the Defendant, who was punished for a violation of the Road Traffic Act (driving) more than twice as above, driven a B Eccoo vehicle under the influence of alcohol content 0.067% from the front road of the suspect’s residence in the Seosung-gu Daejeon Pungdong to the front road of the Daejeon U.S. Seosung-gu. In addition, the Defendant driven a B-coo vehicle under the influence of alcohol content 0.067% under the influence of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the results of the drinking driving control, and a manual for crackdown;

1. The application of Acts and subordinate statutes to references to criminal records, references to dispositions, and reports on results of confirmation;

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. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. In light of the fact that the defendant's reason for sentencing under Article 62-2 of the Social Service Order Criminal Act had the records of punishment for drinking driving multiple times, but the defendant's responsibility for the crime of drinking driving in this case is heavy.

However, in consideration of the fact that the drinking water in this case is not high and that the mistake is against the wrong, a judgment of suspension of execution shall be sentenced, and community service shall be added to prevent recidivism.

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

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