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(영문) 대전지방법원 2016.11.11 2016고단2994

도로교통법위반(음주운전)등

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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

[criminal power] On August 17, 2015, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court on August 17, 2015, and on December 23, 2013, the Defendant was issued a summary order of KRW 4 million with the same court on December 23, 2013, respectively.

【Criminal Facts】

On August 16, 2016, at around 16:30, the Defendant driven B 2 cargo vehicles under the influence of alcohol content of 0.138% without the driver’s license from approximately 500 meters away from the front of the bus stop in the Jung-gu, Daejeon to the front parking lot in the Daejeon Jung-gu, Jung-gu, Daejeon.

As a result, the Defendant had a record of driving under the influence of alcohol not less than twice, but once again driven the said car without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports (suspects' previous records and confirmations) and Acts and subordinate statutes, such as criminal records;

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

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

1. Selection of 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The court's decision that confessions and reflects the fact that a person is driving under drinking without a license even though two times the criminal records of drinking driving, and that all the above records of driving under drinking are the records of fines: The defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc. are shown in the arguments of this case, such as the circumstances after the crime.