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(영문) 대전지방법원 천안지원 2015.07.16 2015고단831
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 28, 2011, the Defendant was sentenced to a fine of 500,000 won for a violation of the Road Traffic Act in the support of the Daejeon District Court on January 28, 201, and on December 24, 2012, issued a summary order of 4 million won for a fine for a violation of the Road Traffic Act.

Although the Defendant had a record of drinking alcohol twice or more as above, the Defendant driven a BNFna vehicle with a blood alcohol content of 0.182% under the influence of alcohol from the convenience store where it is difficult to know the trade name in the south-gu, Dong-gu, Dong-gu, Yandong-dong on April 16, 2015 to the 2nd apartment apartment parking lot of the Dong-gu, Dong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Entry in the report on the actual state of the driver;

1. Each entry of a copy of the report on the results of drinking driving control, and of the register of drinkers;

1. Application of Acts and subordinate statutes on images of photographs;

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 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant committed the crime of this case again even though he/she had been sentenced to a fine twice due to drinking driving, the defendant's blood alcohol concentration reaches 0.182%, and no additional damage, such as an accident caused by drinking driving, etc., such as an accident caused by drinking driving, the defendant has no record of criminal punishment exceeding a fine, the defendant's age, character and conduct, and environment, and other various sentencing conditions shown in the argument of this case including the defendant's age, character and behavior, shall be determined as ordered.

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