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(영문) 대전지방법원 홍성지원 2013.11.15 2013고단438
도로교통법위반(음주운전)등
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 30, 2007, the defendant was sentenced to a fine of 3.5 million won by the Incheon District Court for the crime of violation of the Road Traffic Act (driving) and a person who was sentenced to a suspended sentence of 2 years by the same court on July 17, 2008 for the same crime.

1. On April 27, 2013, at around 09:00, the Defendant driven a D low-speed car with approximately 10 KK from the front side of the margic margroid to the front side of the Yancheon-gun, Chungcheongnam-gun, Seocheon-gun, Chungcheongnam-gun, Seoul, to the front side of the Yancheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant driven a vehicle with a blood alcohol content of about 0.219%.

2. On April 27, 2013, the Defendant assaulted the victim by taking the victim’s right-hand cream at one time by hand while the victim E (ma, 49 years of age) and the Defendant’s vehicle movement problems.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Report on detection of the driver, response to requests for appraisal of blood alcohol concentration, and report on the circumstantial statement of the driver;

1. A criminal investigation report (STV image data verification);

1. Previous convictions in judgment: Application of inquiry requests, such as criminal records, and other Acts and subordinate statutes;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment, respectively, with prison labor;

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

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2007Da15488, Apr. 1, 2007) (see, 2008Da11448, Apr. 2, 2007)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Probation, order to provide community service and attend lectures;

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