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(영문) 대전지방법원 천안지원 2018.08.24 2018고단1361

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment with prison labor for up to six 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

On June 16, 2008, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic law (driving alcohol) from the Daejeon District Court's branch on June 16, 2008, and a summary order of KRW 3,50,000 as a crime of violating road traffic law (driving alcohol) from the Daejeon District Court's Support on 12 August 2015.

On April 6, 2018, at around 01:05, the Defendant driven a D-hurburged car in the state of alcohol alcohol concentration of about 0.087% under the influence of alcohol while under the influence of alcohol without obtaining a driver’s license from the front side of the “city cafeteria” located in the C-hurg C-si, Ansan City, to the 126-hurg of the Ansan City in the 1km Station.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on driving alcohol;

1. An accident scene photograph;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment of the same summary order to the suspect);

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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 on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The Defendant committed the instant crime even though he had had the record of being punished for driving under drinking twice prior to the instant case, as stated in the previous record of the judgment, even though his driver’s license was revoked, as stated in Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures.

However, the defendant is against his or her will to recognize his or her mistake.

No defendant shall have been punished heavier than a fine.

In addition to these circumstances, the defendant's age, sex, environment, family relationship, and crime.