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(영문) 대전지방법원 서산지원 2014.05.09 2014고단196
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

On August 10, 2009, the Defendant issued a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) in the Hongsung branch of the Daejeon District Court on August 10, 2009, and on September 24, 2012, a summary order of a fine of two million won for a violation of the Road Traffic Act (driving) at the Seosan branch of the Daejeon District Court on September 24, 201, and has the record of violating Article 44(1) of the Road Traffic Act more than twice.

On February 26, 2014, at around 03:00, the Defendant driven BM7 car from the parking lot in the Seocheon-dong, Seocheon-gu, Seocheon-gu, Seocheon-si to the distance in front of the horse in the same Eup/Myeon, under the influence of alcohol by 0.130%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the situation of driving under drinking;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (report on confirmation of the same kind of force), and application of each of the statutes governing the judgment;

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

1. Although the reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, even though the defendant had been punished several times due to drinking driving, the crime of this case is not good, considering the circumstances favorable to the defendant that the defendant was committed at the time of the crime of this case, and that the defendant would not drive under the influence of alcohol again, considering the defendant's age, occupation, and criminal record, the punishment shall be determined by taking into account various sentencing conditions indicated in the records of this case, such as the defendant's age, occupation, and criminal record, and the execution of the sentence shall be suspended, and the defendant will be ordered to take the part in community service and compliance driving.

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

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