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(영문) 대전지방법원 2015.03.27 2015고단217
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

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] On February 20, 2012, the Defendant was sentenced to a fine of 6 million won due to a violation of the Road Traffic Act, etc. at the Daejeon District Court on February 20, 2012, and the same power has two times more.

【Criminal Facts】

On December 14, 2014, at around 21:17, the Defendant driven a vehicle of 100 meters of blood alcohol content from the front of the frequency house on the Hongdo-dong Hongdo-dong, Daejeon to the front road of the Geumdo-dong, Daejeon-dong, Daejeon-gu, to the front road of the Geumdo-dong, Daejeon-gu, Daejeon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by inquiry and inquiry;

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;

2. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

3. Article 62 (1) of the Criminal Act (Concurrent Consideration for the following favorable circumstances):

4. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend a lecture is repeated over several times, and the case subject to regulation at this time is also subject to imprisonment with prison labor as the blood alcohol concentration is not weak.

However, in consideration of the fact that the defendant has committed all crimes, has a depth, and has not been driven again while disposing of the vehicle, the sentence shall be exempted, but the probation and the order to attend the compliance driving lecture shall be attached as a warning for repeated drinking driving.

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