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(영문) 대전지방법원 2013.11.26 2013고단3580
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

On November 1, 201, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act at the Daejeon District Court on November 1, 201, and was sentenced to a fine of 2 million won for the same crime in the same court on February 20, 2012.

On August 7, 2013, at around 00:15, the Defendant driven a car with approximately 4.5 kilometer 4.5 kilometer from the front of a cafeteria located in the Daejeon Pungdong-dong to the Han Pungdong-dong-dong in the same Gu, under the state of the influence of blood alcohol concentration of 0.18%.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report and accident report of an employer-employed driver;

1. The application of Acts and subordinate statutes to criminal records, their respective dispositions, and their confirmation reports;

1. Relevant Article of the Criminal Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty for a crime, Articles 11 and 55 (1) 3 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Article 55 (1) of the Criminal Act (Article 53 and Article 55 (1) 3 of the same Act shall apply to the accused two times, but no penalty heavier than the fine is imposed, and considering the fact that

1. Article 62 (1) of the Criminal Act (the foregoing sentence shall be taken into consideration in light of the circumstances);

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;

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