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(영문) 대전지방법원 2015.09.01 2015고단1849

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight 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 December 19, 2011, the Defendant was issued a summary order of KRW 4 million at the Daejeon District Court on the grounds of a violation of the Road Traffic Act, etc., and on June 24, 2008, a summary order of KRW 2 million is issued by the same court as the same crime, respectively, on at least two occasions.

On April 14, 2015, at around 07:18, the Defendant driven a vehicle of 0.089% of alcohol alcohol concentration in B, while under the influence of alcohol without a vehicle driver’s license, from approximately 85 km section to the point where 82.5 km away from the New Daegu Busan Metropolitan City Highway, which is located in the Garo-dong in Busan Metropolitan City, Sinsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the drinking driving control;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of criminal records and investigation reports (former and previous records)-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 40 of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;