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(영문) 대전지방법원 2016.11.18 2016고단3038

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

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

[2016 Height3038] On July 20, 2012, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Daejeon District Court on July 20, 2012, and a fine of KRW 3 million for the same crime at the same court on July 22, 2008.

On August 16, 2016, at around 13:55, the Defendant driven a Done Star Cargo Vehicle while under the influence of alcohol concentration of 0.155% in the front of the Taedong-gu Seoul, Taedong-gu.

[2016 Highest 3780] On September 23, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle around 08:20 on September 23, 2016, driven a E-Poter truck in the section of approximately 5 km from the street in front of Daejeon Seo-gu, Daejeon to the fourth quarter of the Seonam-gu, Daejeon.

Summary of Evidence

[2016 Highest 3038]

1. Defendant's legal statement;

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

1. Records of judgment: A inquiry report on criminal records, etc. (2016 highest 3780);

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of without a license) and the choice of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Three times the criminal records of drunk driving, one time the criminal records of unlicensed driving, and one time the circumstances favorable to the considerable high drinking water: The confession and reflectability, and the fact that all the records of the above drinking driving and the criminal records of unlicensed driving are all the records of fines;