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(영문) 대전지방법원 홍성지원 2013.10.30 2013고단743
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight 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 2, 2012, the Defendant was sentenced to a fine of KRW 3 million for a crime of violation of the Road Traffic Act (driving) in the Hongsung Branch of Daejeon District Court on July 26, 2012, and a fine of KRW 4 million for a crime of violation of the Road Traffic Act (driving) in the same court on July 26, 2012. On August 2, 2013, the Defendant driven a B-free car at the section of approximately 1 km from the area near the New Square located in the Singu New Blackdong to the front of the same Western water : (a) around 09:05 on August 2, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A traffic accident report;

1. Notification of the result of crackdown on drinking driving;

1. Statement on the circumstantial statement of the employee;

1. An inquiry into the enemy (B);

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning criminal records;

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. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Circumstances in which the following reasons for sentencing are described):

1. Article 62 (1) of the Criminal Act ( repeatedly considering factors, etc. describing the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the Defendant has already committed the instant crime at the same time and at the same time not far after having been sentenced to a fine and a suspended sentence on four occasions due to the same violation of the Road Traffic Act, etc. However, the elements for sentencing unfavorable to the Defendant, on the other hand, the Defendant appears to be against the Defendant’s confession of the instant crime, shall be considered as factors for sentencing favorable to the Defendant. In addition, the Defendant’s age, character and conduct, and environment, etc. shall be comprehensively considered, taking into account all the conditions for sentencing specified in the instant records and arguments, such as

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