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(영문) 대전지방법원 천안지원 2016.05.20 2016고단278

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On May 29, 2007, the Defendant was issued a summary order of KRW 1 million for a violation of the Road Traffic Act in the Daejeon District Court’s support on May 29, 2007, and on November 26, 2014, the above court received a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving), and on August 12, 2015, the above court was punished two times or more for a violation of the Road Traffic Act (driving) by receiving a summary order of KRW 5 million for a violation of the Road Traffic Act (Refusal of measurement of drinking).

【Defendant Inasmuch as there were two or more times the past records of violating Article 44(1) of the Road Traffic Act, Defendant 1 again driven a B rocketing car owned by Defendant 2 while under the influence of alcohol 0.112% in the middle of the blood alcohol level on the road located in the west-gu, west-gu, west-gu, west-gu, west-gu, west-si, west-gu, west-gu, west-gu, west-gu, west-gu, west-gu, west-gu, west-gu, west-gu, west-gu, west-gu, west-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of a driver without a license for drinking and a driver without a license, report on the circumstances of the driver without a license, notification of the results of regulating the driving of drinking, and copy of the register of measuring instruments using

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (verification of criminal history of the same kind), and application of each summary order statutes;

1. Article 148-2 (1) 1, Article 44 (1) (three-time Driving) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (non-licensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture or the Order of Community Service had a record of punishment for the same kind of crime several times, the fact that the defendant committed the crime of this case is disadvantageous, or the fact that the defendant misleads and reflects the defendant's mistake, and is not a fine.