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(영문) 대전지방법원 2014.10.22 2014고단2252
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 4, 2008, the Defendant was sentenced to a summary order of a fine of 2.5 million won for a crime of violation of the Road Traffic Act at the Incheon District Court, and on October 12, 2012, the Defendant was sentenced to a suspended sentence of 2 years for the same crime at the Daejeon District Court on June 12, 201, and was in the same record of violating Article 44(1) of the Road Traffic Act two or more times as above. On June 15, 2014, the Defendant driven a Chin car under the influence of alcohol concentration of 0.120% in the 3km section from the roads adjacent to the Daejeon Sung-gu Seo-gu Seodong, Daejeon District Court around the 15th day of Jun. 22:18, 2014 to the Dori-dong in Daejeon Island.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Division: Application of criminal history records, inquiry reports, investigation reports, and statutes attached to the same type of power;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) and 1, and 44 (1) of the Road Traffic Act, the choice of penalty for imprisonment;

1. Article 62 (1) of the Criminal Act (The following grounds for sentencing and the conditions of sentencing under Article 51 of the Criminal Act shall be taken into account):

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are determined as ordered by considering all the following circumstances. favorable circumstances: (a) there exists a record of punishment several times for the same kind of crime; (b) the high degree of blood alcohol content concentration of the instant case; and (c) the fact that the instant case is a crime during the period of suspension of execution: It is determined as ordered by the court for the above reasons, such as the family relation, environment, etc. of the Defendant.

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