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(영문) 대전지방법원 서산지원 2015.03.19 2015고단30
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

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

[criminal power] On January 28, 2008, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act (driving) in the Daejeon District Court Seosan Branch of Daejeon District Court on January 28, 2008, and a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) in the Daejeon District Court Seosan Branch of Daejeon District Court on November 4, 2010.

【Criminal Facts】

On December 24, 2014, at around 01:24, the Defendant driven a C non-stop vehicle under the influence of alcohol by 0.20% from the 15km section to the road front of the 56km point of the official road in Seocheon-Stocheon Highway, the mother of the Defendant, who is in Chungcheongnam-gun B, was under the influence of alcohol by 0.20% of alcohol content.

Accordingly, the Defendant violated this more than twice even though he was unable to drive a motor vehicle under the influence of alcohol, and again driven the said motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports (verification reports of the same kind of force) and Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order are as follows: (a) the Defendant re-driving a motor vehicle in spite of his previous convictions related to traffic, such as drinking and unlicensed driving, even though he had been punished five times; and (b) the Defendant’s blood alcohol concentration was considerably high at the time of the instant case; and (c) the sentencing conditions as indicated in the records and arguments

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