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(영문) 대전지방법원 서산지원 2015.08.28 2015고단604
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] In the Seosan Branch of the Daejeon District Court on April 19, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Seosan Branch of the Daejeon District Court on October 31, 2008; two years of suspended execution in April of 2008; and six million won for a fine for the same crime in the same court on May 3, 2013.

【Criminal Facts】

On June 9, 2015, at around 00:18, the Defendant driven D Dok Dok-do Dok-do Dok-do Dok-do Dok-do Dok-do Dok-do Dok-do Dok-do Dok-do Dok-do Dok-do Dok-do Dok-do Dok-do Dok-do Dok-do Dok-do Dok-do.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control and report on detection of a host driver;

1. Previous records: The application of criminal records, inquiry and other 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. Despite five times (four times of fine, one time of suspended execution) the period of punishment for drunk driving to the accused for the reasons of sentencing under Article 62-2 of the Criminal Act, it is not good that the accused again commits the crime and the nature of such crime is good;

However, in consideration of the fact that the defendant reflects his/her mistake and that four times of the past records punished by drinking driving are prior to the year 2008, the decision of suspension of execution shall be sentenced once more at once.

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