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(영문) 대전지방법원 천안지원 2018.09.14 2017고단2995

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment with prison labor for not more than ten 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 September 11, 2015, the Defendant was sentenced to a fine of KRW 3 million for a crime of violating the Road Traffic Act at the Seoul Northern District Court on September 11, 2015, and was sentenced to a fine of KRW 5 million by the same court on May 20, 2017.

Although the Defendant had been able to violate Article 44(1) of the Road Traffic Act more than twice as above, on September 20, 2017, the Defendant driven a BM520 vehicle under the influence of alcohol content 0.144% while under the influence of alcohol during blood alcohol, without obtaining a driver’s license from the front side of a drinking fright in the north-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu to the front side of a 800m street located in the same sex-dong, and driving a BM520 vehicle under the influence of alcohol content 0.14%.

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. The driver's license ledger;

1. Application of an inquiry letter, such as criminal history, and a copy of the judgment;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The consideration of favorable circumstances among the grounds for sentencing);

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

1. The reason for the sentencing of Article 62-2 of the Criminal Act, such as the protection and observation, the order to provide community service and order to attend lectures, is a very dangerous crime that may cause the occurrence of traffic accidents by enhancing the possibility of occurrence of traffic accidents, and thus, not only itself, but also the life and home of others, and even in order to prevent such crimes, the Defendant committed each of the crimes of this case, even though there was a record of being punished two times of fines, such as drinking driving, etc., within three years from the instant case, while the Defendant committed each of the crimes of this case. Meanwhile, the Defendant led to the confession and reflect of each of the crimes of this case, and other cases.