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(영문) 대전지방법원 2017.06.30 2017고단1714

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On January 28, 2014, the Defendant received a summary order of KRW 1.5 million from the Daejeon District Court due to a fine of KRW 1.5 million due to a violation of road traffic laws, KRW 7 million due to a violation of road traffic laws (driving), and KRW 7 million from the same court on October 26, 2015, and KRW 7 million from the same court on March 21, 2016.

On April 21, 2017, the Defendant driven C SP car with approximately 900 meters alcohol content 0.069% under the influence of alcohol while under the influence of alcohol without obtaining a driver's license for a motor vehicle, according to the dry field of the same Gu, on a road near the PPungdong of Daejeon Seo-gu, Daejeon, Daejeon.

As a result, the defendant is driving without a license, and has violated two times or more due to drinking, and re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the result of regulating driving of drinking alcohol;

1. Entry into the ledger of driver's licenses;

1. Application of the Acts and subordinate statutes entered in the investigation report (any previous conviction and attachment of the judgment);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Considerations such as the violation of the reasons for sentencing under Article 62-2 of the Criminal Act, the concentration of alcohol in the blood of this case, and the crime of the same kind repeatedly committed through a short period of time.