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(영문) 대전지방법원 논산지원 2015.07.10 2015고단157

도로교통법위반(음주운전)등

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

On January 29, 2008, the Defendant was sentenced to a suspended sentence of one year for six months and two years for six months for a suspended sentence in the Daejeon District Court's official state support on October 26, 2010, respectively. < Amended by Presidential Decree No. 22420, Oct. 26, 2010>

On March 13, 2015, at around 15:40, the Defendant driven a vehicle from the front of the Defendant’s house located in Seosan-si B to the front of the floor of the Neongsung Doosung Doosung Doosung Doosan, without obtaining a driver’s license, at approximately 1.3km section, and at around 0.151% of blood alcohol concentration, while under the influence of alcohol.

Accordingly, the defendant, without obtaining a driver's license, has been driving a motor vehicle under the influence of alcohol by a person who has committed a violation of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Written statements prepared by D;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, an accident site photograph, a notification of the results of the control of drinking driving, a report on the circumstantial statements of a drinking driver, an inquiry into the results of the control of drinking driving, and the register of

1. Previous records of judgment: Application of Acts and subordinate statutes to inquiries, such as criminal records, and investigation reports prepared by police officials in charge of the prosecution (attached documents, such as previous records and summary orders);

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment).

3. Selection of sentence of alternative imprisonment;

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

5. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. is that the defendant was punished on several occasions due to drinking or unlicensed driving, and drinking driving as stated in the judgment.