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(영문) 대전지방법원 천안지원 2017.03.30 2016고단2478

도로교통법위반(음주운전)등

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 2478] The Defendant was sentenced to a fine of KRW 3 million on December 17, 2013 to a crime of violating the Road Traffic Act (dacting driving) in the support of the Daejeon District Court on the 17th day of December, 2013, and on February 13, 2015, issued a summary order of KRW 3 million on the ground of a crime of violating the Road Traffic Act (dacting driving) at the Suwon District Court’s Pyeongtaek Housing Site.

【Defendant Inasmuch as the person who violated Article 44(1) of the Road Traffic Act twice again, was driving a BN city car at around 500 meters in the section of approximately 50 meters of alcohol alcohol level from the front day of the motor vehicle in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu to the front day of the motor vehicle in the same Dong to the cafeteria.

[2017 Highest 133] On January 6, 2017, the Defendant driven a BNS car from approximately 4 km to the front road of the “Seyang HC” located in Pyeongtaek-si Port 305, which is located in Pyeongtaek-si, Pyeongtaek-si, Pyeongtaek-si, Seoul, without obtaining a driver’s license, on January 6, 2017.

Summary of Evidence

[2016 Highest 2478]

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, investigation report (verification of criminal history of the same kind);

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol), subparagraph 1, 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62(1) of the Criminal Act provides that the suspension of execution (i.e., for the following reasons, repeated consideration of favorable circumstances among the reasons for sentencing).