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(영문) 대전지방법원 2016.11.01 2016고단2696

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not more than ten months.

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

【Criminal Power】 On July 13, 2016, the Defendant was sentenced to imprisonment with prison labor for six months at the Cheongju District Court for a violation of the Road Traffic Act, and the said judgment became final and conclusive on July 21, 2016.

【Criminal Facts】 On September 2, 2013, the Defendant was sentenced to a fine of four million won for a crime of violating the Road Traffic Act at the Daejeon District Court on September 2, 2013, and on October 22, 2014, the Defendant violated the prohibition of drinking under the influence of alcohol twice or more by having been sentenced to a fine of three million won for a crime of violating the Road Traffic Act.

Nevertheless, around 09:40 on June 28, 2016, the Defendant driven a C Poter under the influence of alcohol content of 0.074% without obtaining a driver’s license for approximately 6km from the 0.074% alcohol level to the flux road located near the Taedong-dong, Daejeon Pungdong-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of control, inquiry into the results of the control of drinking driving, report on the state of drinking drivers, inquiry into the results of the control of drinking driving, and the register of driver's licenses;

1. Previous convictions: Criminal records, investigation reports (Attachment of a copy of a summary order of the same kind of power), two copies of cultivation orders, investigation results (Attachment of a judgment, etc. of suspension of execution of the accused), one copy of the judgment, and one copy of the search results of the Supreme Court B;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend the course is that the defendant, while being tried for drinking driving, again commits the crime of this case and the defendant's liability for the crime of this case is heavy.

(b).