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(영문) 대전지방법원 2014.08.11 2014고단1862
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 23, 2007, the Defendant was issued a summary order of a fine of five million won due to a violation of the Road Traffic Act (driving) at the Daejeon District Court. On December 6, 2010, the Defendant was issued a summary order of 2.5 million won due to a violation of the Road Traffic Act (driving) at the Daejeon District Court on December 6, 201, and on July 12, 2012, the Defendant was sentenced to a suspended sentence of one year by imprisonment for a violation of the Road Traffic Act (Refusal of Drinking Measures) at the Daejeon District Court on July 12, 2012.

On May 19, 2014, while under the influence of alcohol of 0.180%, the Defendant driven a car with approximately 10 meters of 10 meters of alcohol C rocketing from the front of the eromatic erode in Seo-gu Daejeon Metropolitan City, Seo-gu, to the front of the eromatic erode.g., the change.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of respective Acts and subordinate statutes to references to criminal records, written judgments, and summary orders;

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. In light of the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the reasons for sentencing below) has a history of having been punished several times due to drunk driving, and that the instant crime was committed during the period of probation due to the same kind of crime, it cannot be deemed that the criminal liability of the Defendant cannot be deemed to be light and thus, it is inevitable to sentence the Defendant.

However, the above punishment was determined in consideration of the fact that the driving distance is short and reflectd by the defendant's favorable circumstances.

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