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(영문) 대전지방법원 천안지원 2013.10.17 2013고단757
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

except that 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 September 28, 2007, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act (driving) in the Seocheon Branch of the Daejeon District Court on September 28, 2007, and a fine of KRW 1,50,000 for the same crime in the same court on August 26, 2009. On March 3, 2013, the Defendant was driving a DNA car from the 1km section to the 1km-si C Apartment 2, Asan City, in the state of under the influence of alcohol concentration of approximately 0.146%.

Summary of Evidence

1. Each legal statement of witness E and F, and part of witness G, legal statement;

1. Results of this Court’s CD verification

1. Scenic field photographs, reports on detection of drivers, reports on the fact-finding statement of drivers, reports on 112 crime reports and handling records, and investigation reports (report on hearing statements by reporters);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. As to the Defendant’s assertion under Article 62(1) of the suspended sentence under the Criminal Act, the Defendant has driven a car in a normal state without drinking from H apartment in Asia-si, Asan-si, which is one’s dwelling place, and the Defendant denied the charges while driving a car in front of the said C apartment 2 and 504, by avoiding disturbance, such as running a car at the front parking lot of the said C apartment 2 and 504, which the mother was living with, and passing the rest of sound by drinking alcohol, etc.

The defendant's statements in this court and the following circumstances revealed by the above evidence, namely, the defendant's statements, and the defendant's statements in this court, acknowledged that the defendant committed a disturbance by committing the rest of noise that occurred at the time and place stated in the above facts of crime. The defendant's statements in F of the witness who observed the defendant's disturbance and reported to the police agency are also the defendant.

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