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(영문) 대전지방법원 2014.07.10 2014고단1540
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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

[2014 Highest 1540] On March 7, 2014, the Defendant driven a shower car in the state of alcohol 0.058% of alcohol concentration at the restaurant parking lot located in the Hongdo-dong, Daejeon Special Metropolitan City on March 7, 2014.

[2014 Highest 1814] On March 12, 2014, the Defendant driven a C car at a distance of approximately 300 meters from the middle-water parking lot located in the Dong-dong Daejeon Metropolitan City to the front side of the Cheongnam apartment located in the same Dong-dong, while under the influence of alcohol concentration of 0.129%, around 15:40%.

Summary of Evidence

[2014 Highest 1540]

1. Defendant's legal statement;

1. Report on detection of a host driver, and report on the circumstantial statement of a host driver;

1. Defendant's legal statement;

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

1. Relevant Article of the Road Traffic Act and one fact as to the decision of the choice of punishment for the crime: Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The criminal history of sentencing under Article 62(1) of the Criminal Act, which committed again a crime of drinking without any one week even though the defendant was found to have been drunkly driven on March 7, 2014, shall be taken into account, such as the previous conviction of a fine of the same kind, two times before about 10 years (203, 2004), one half of a fine due to non-driving in the year 205, one half of a fine due to non-driving in the year 205, the distance of drunk driving, and the circumstances of detection.

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