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(영문) 대전지방법원 2013.10.29 2013고단3277
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 February 10, 2011, the Defendant received a summary order of KRW 1.5 million from Daejeon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2.5 million from Daejeon District Court to a fine for a violation of the Road Traffic Act on February 13, 2012.

On July 18, 2013, at around 22:40, the Defendant driven C Coin-do truck with approximately two meters of alcohol content 0.139% under the influence of alcohol on the front of the Doangdong-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to criminal records and investigation reports;

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 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The defendant's criminal liability is heavy in light of the fact that the reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order had a history of punishment for drinking driving, etc., even though he/she had been under the influence of drinking.

However, a suspended sentence shall be sentenced in consideration of the fact that the defendant has no record of punishment other than a fine, the defendant is a disabled person of the third degree of disability, and the defendant reflects his/her mistake, but probation and community service shall be added to prevent recidivism.

It is so decided as per Disposition for the above reasons.

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