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(영문) 대전지방법원 천안지원 2017.11.14 2017고단2148

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

Reasons

Punishment of the crime

[criminal record] On October 30, 2007, the Defendant was issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Suwon District Court’s House on November 22, 2007, and became final and conclusive on November 22, 2007. On December 9, 2016, the Daejeon District Court issued a summary order of KRW 4 million for the same crime from the Daejeon District Court’s Incheon District Court’s Incheon District Court’s Incheon District Court’s Incheon District Court’s Incheon District Court’s Incheon District Court’s 200,000 won.

[2] On September 14, 2017, the Defendant driven a B body-man car under the influence of alcohol level 0.153% without a driver’s license, in a section of about 200 meters from the front day of the Mag-si, where it is located in the Mag-si, where it is located in around 22:23 on September 14, 2017 to the front day of the Mag-si, where it is located in the same manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, a report on the result of confirmation of the previous convictions before and after each disposition, and the text of each summary order attached thereto;

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. 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances that are favorable to repeating the instant crime even though there has already been a history of punishment for the crime of drinking alcohol driving over several times: The defendant's mistake is recognized and there is no history of criminal punishment heavier than the fine; the above circumstances include the defendant's age, sexual behavior, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., and the punishment is determined as ordered by the order.