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(영문) 대전지방법원 서산지원 2016.07.14 2016고단337

도로교통법위반(음주운전)등

Text

1. The punishment of the defendant shall be eight months;

2.Provided, That the above imprisonment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 15, 2010, the Defendant was sentenced to a summary order of a fine of four million won due to a violation of road traffic law in the Seosan Branch of the Daejeon District Court, and on June 3, 2010, the Defendant was sentenced to a suspended sentence of two years with prison labor for a violation of road traffic law in the same court.

On May 5, 2016, the Defendant driven a motor device at a section of approximately 300 meters from the Sung-gu Pungpo-gu, Yanpo-gu, the Sungpo-si, the Mansan-si, the Masan-si, the Simpo-si, the Mansan-si, the Simpo-si, to the 749 front road, without obtaining a motor device bicycle license, while under the influence of 0.109% alcohol during blood.

As a result, the defendant has violated the prohibition of drinking without obtaining a motor device bicycle license at least twice, and has driven a motor vehicle under the influence of alcohol in violation of the above provision again.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same final judgment, etc.);

1. Driving under the relevant legal provisions on criminal facts: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act without a license: Subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55(1)3 of the Criminal Act to reduce the amount of punishment (Article 53 and 55(1)3 of the Criminal Act ( Taking into account all the conditions of sentencing, such as the age, sex, environment, circumstances of the crime, means and consequence, the circumstances after the crime);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. An order to attend a course under Article 62-2 of the Criminal Act;