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(영문) 대전지방법원 천안지원 2014.03.19 2014고단141
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 November 23, 2009, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act, and a fine of two million won as a crime of violating the Road Traffic Act in the same court on August 2, 2010, respectively.

Nevertheless, at around 22:20 on January 6, 2014, the Defendant driven a DNA window-car with a alcohol level of about 200 meters from the front side of the B commercial building in Asan City to the underground parking lot in Asan City of about C 607, Asan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Previouss before judgment: Criminal records, repeated statements, and application of Acts and subordinate statutes reporting results of confirmation of dispositions;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the confession of the defendant and the fact that the defendant has no criminal record of suspended execution or heavier punishment);

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

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;

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