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(영문) 대전지방법원 홍성지원 2017.01.31 2016고단820

도로교통법위반(음주운전)등

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The 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

On January 4, 2008, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act (drinking driving), on September 14, 2009, a summary order of KRW 2 million for a violation of the Road Traffic Act (drinking driving), and on February 5, 2015, the above court issued a summary order of KRW 7 million for a violation of the Road Traffic Act (drinking driving), on at least two occasions, on September 13, 2016, on which the Defendant violated the Road Traffic Act (drinking driving) by receiving a summary order of KRW 7 million from the above court due to a violation of the Road Traffic Act (drinking driving). On September 20, 2016, the Defendant took at least two times a violation of the Road Traffic Act (drinking driving) and took at least five km from the border distance of the Jeju-do Tri-si to the front day of the Bri-si child care center in Bo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol, and copies of the statement made under the circumstances of the driver;

1. A driver's license inquiry;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (referring to such previous convictions and report);

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. The punishment as ordered shall be determined by comprehensively taking account of all the conditions of sentencing indicated in the records, such as the defendant’s age, sexual conduct, environment, the circumstances before and after the instant crime, and the background of the instant crime, etc., under the circumstances following the reasons for sentencing under Article 62-2 of the Social Service Order and the reasons for sentencing.

It is true that confessions and reflects, and there are many criminal records of the same kind of fine, but there is no more criminal history than fine.