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(영문) 대전지방법원 천안지원 2016.04.14 2015고단2152

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 8, 2005, the Defendant issued a summary order of KRW 3,000,000 for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a violation of Road Traffic Act (drinking), etc. at the Seoul Western District Court on September 8, 2005, and on November 10, 2014, a fine of KRW 3,000,000 for a violation of Road Traffic Act (drinking driving) at the Daejeon District Court on November 10, 2014

On December 10, 2015, the Defendant, without a driver’s license around 00:005, driven BMW car from around 1km to around 0.131% of alcohol content during blood, and from around 467, the Defendant driven BM car at the 1km section of approximately 1km to the front road of Samsung F&DI located in the 467 U.S., Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the detection of a primary driver;

1. Reporting on the detection of drinking and non-licensed driving;

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

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Notwithstanding the record of the same kind of crime for the reason of sentencing in Article 62-2 of the Criminal Act, the sentence should be determined in consideration of the Defendant’s age, sexual conduct, and circumstances after the crime.