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(영문) 대전지방법원 논산지원 2016.02.16 2015고단605

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant was issued a summary order of KRW 1,500,000 on March 10, 2014 and February 6, 2015, respectively, as a crime of violating the Road Traffic Act in Ansan Branch of the Suwon District Court.

On September 18, 2015, the Defendant driven a BMW 520d car under the influence of alcohol leveling 0.277% in alcohol leveling from the front side of the golf practice site, which is located in the sloping area in the sloping area in the sloping area in the sloping area in the two-km area in the sloping area in the direction of 157 and the front side of the 157-round the 157-round the mountain mountain.

As a result, the Defendant, who committed a crime of violating the Road Traffic Act at least twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the occurrence of a traffic accident, a report on actual condition, a report on the scene of an accident, a photo of the scene of an accident, a report on the handling of reported cases, a report on the results of the control of drinking driving, a report on the situation of a driver in charge, a notice of completion of correction, a driver'

1. Previous convictions in judgment: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, and an investigation report prepared by a court assistant to the prosecution (verification of the same end record);

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)

2. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment).

3. Selection of sentence of alternative imprisonment;

4. Article 62 (1) of the Criminal Act on the suspension of execution.

5. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Social Service Order Act, and Article 62-2 of the same Act, and Article 59 of the Act on the Observation, etc. of Protection, etc., have been subject to a criminal punishment on five occasions due to drinking driving, etc. on February 3, 2000, the Defendant was sentenced to a suspended sentence of ten months for a term of imprisonment on February 3, 200, but one year has passed since he was sentenced to a fine of KRW 1,50,000 due to drinking driving on February 6, 2015.