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(영문) 대전지방법원 2016.04.07 2015고단4113

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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 March 8, 2002, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of road traffic law at the Daejeon District Court on December 8, 201, KRW 100,000 as a fine for the same crime in the same court on December 8, 2014, and KRW 2.5 million as a fine in the same court on September 23, 2015, respectively.

On November 11, 2015, the Defendant driven CK5 cars under the influence of alcohol with approximately 0.067% alcohol concentration on blood, from around 257 to around 257, Seo-gu, Daejeon, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, where the driver’s license was suspended at around 07:20 on November 11, 201, while the driver’s license was in effect.

As a result, the Defendant driven a motor vehicle at least twice in a state of suspension of the validity of the driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver at the main place and report on the situation of the driver at the main place;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Details of disposition of driver's license suspension and license ledger;

1. On-site photographs;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (reports attached to the previous summary order);

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 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. In light of the fact that the Defendant had been punished three times due to drinking alcohol driving for the reasons of sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, community service order and order to attend a lecture, and the fact that the Defendant has been serving a different drinking without a driver’s license, and that the Defendant has a majority of criminal records due to a different type of crime, suspension of execution, and criminal records, the Defendant should be punished strictly.