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(영문) 대전지방법원 서산지원 2014.12.05 2014고단936
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 6, 2014, at around 19:16, the Defendant driven a chip and XG car under the influence of alcohol content of approximately 100 meters from a 100-meter section from the front of the cafeteria cafeteria at the Dong-dong, Seosan City to the west-dong, Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. C's written statement related to traffic accidents;

1. A traffic accident report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of statutes on site photographs;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are as follows: (a) considering that the Defendant, in the Seosan Branch of the Daejeon District Court on March 18, 2010, received a summary order of a fine of two million won or more as a crime of violating the Road Traffic Act, in spite of four times the same force, he/she drives drinking again and causes an accident, the nature of the offense shall not be weak.

However, considering the circumstances favorable to the defendant that the defendant would not drive under the influence of alcohol again, considering the fact that the defendant is going against his mistake in depth and again, and considering the age, occupation, and criminal record of the defendant, the punishment as per the order shall be determined in consideration of various sentencing conditions shown in the records of the case, such as the defendant's age, occupation, and criminal record, and the execution shall be suspended, and social service and compliance driving lecture

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

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