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(영문) 대전지방법원 2013.05.10 2013고단1151
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 April 16, 2007, the Defendant was issued a summary order of one million won as a crime of violation of the Road Traffic Act by the Daejeon District Court. On May 10, 2007, the Defendant was issued a summary order of one million won as a crime of violation of the Road Traffic Act by the Daejeon District Court. On January 29, 2009, the Defendant was sentenced to six months by imprisonment for a violation of the Road Traffic Act at the Daejeon District Court.

On January 13, 2013, at around 21:30, the Defendant driven a B car under the influence of alcohol content of about 3km from the front side of the East-dong, Daejeon-gu, Daejeon-dong to the front side of the Dong-dong Office of Daejeon-dong, Daejeon-dong, with approximately 0.115% alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to an inquiry report on the state of driving under the influence of alcohol, notification of the results of the control of drinking driving, and criminal records, etc. of each drinking driving control;

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;

1. The grounds for sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Probation Criminal Act include the defendant's mistake, but the same kind of crime continues to be repeated, and the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and other various sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, shall be determined as the order.

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