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(영문) 대전지방법원 천안지원 2015.06.29 2015고단566

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

[criminal power] On October 6, 2014, the Defendant was sentenced to a fine of seven million won for a violation of the Road Traffic Act (driving) in the support of the Daejeon District Court on the Incheon District Court on October 6, 2014; a fine of two million won for a violation of the Road Traffic Act (driving) at the Ansan Branch of the Suwon District Court on October 27, 2010; and a fine of seven million won for a violation of the Road Traffic Act (driving) at the support of the Daejeon District Court on October 27, 2006 at the Daejeon District Court on October 27, 2006.

【Criminal Facts】

The defendant is a person who is engaged in the duty of driving B rocketing vehicles.

On February 16, 2015, at around 23:36, the Defendant driven the said vehicle under the influence of alcohol content of 0.131% without a vehicle driver’s license, on the front of the street in front of the frequency of the trade influorite-dong, Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-si, with approximately 1km from the front of the main gluor apartment in front of the street in front of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. A reply to criminal records;

1. Application of Acts and subordinate statutes to an investigation report (a summary order, etc. of the same criminal suspect's power);

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

1. Articles 40 and 50 of the Criminal Act (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment among such crimes) of the ordinary concurrent crimes;

1. 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;

1. The fact that the person was punished for the same kind of crime on several occasions for the reason of sentencing under Article 62-2 of the Criminal Act is a second offense. However, it is against the fact that the person was punished as a fine or a heavier punishment, the age, character and conduct, environment, circumstances after the crime, etc. of the defendant;