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(영문) 대전지방법원 천안지원 2015.09.01 2015고단1033

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

Reasons

Punishment of the crime

On April 1, 2014, the Defendant was sentenced to a fine of KRW 1.5 million by the Suwon District Court for a violation of the Road Traffic Act, and a fine of KRW 3 million by the same court on July 9, 2014 for a violation of the Road Traffic Act and a violation of the Road Traffic Act.

On May 19, 2015, at around 01:25, the Defendant driven Bp-car with a blood alcohol concentration of 0.092% under the influence of alcohol without obtaining a driver's license from around 1km to the front of the right station located in the Sejong-dong of the same city line from the home pler parking lot in Suwon-si, Suwon-si, to the front of the right station in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, and notification of the results of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Taking into account that there is no past record of criminal punishment exceeding a fine);

1. Order to attend lectures under Article 62-2 of the Criminal Act;