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(영문) 대전지방법원 서산지원 2016.08.26 2016고단359

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 22, 2013, the Defendant was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act (drinking driving), etc. at the Ulsan District Court on November 22, 2013, and imprisonment with prison labor for ten months and two years for suspended execution with the same court on May 30, 2014.

"2016 Highest 466"

1. On March 20, 2016, at around 06:00, the Defendant, without a driver’s license, driven a vehicle boomed with alcohol level of 0.175% in front of a restaurant in the Yellow Sea State in the Yellow Sea State, on March 20, 2016, while under the influence of alcohol level of 0.175% in blood, the Defendant driven a vehicle broad, thereby driving up to 30km in front of 8 km in the starting point of the Gyeongcheon-si, Young-si, Busan (Seoul direction).

"2016 Highest 359"

2. On May 11, 201, at around 00:01, the Defendant driven a bandon-line bandon-line car with approximately 8km alcohol concentration of at least 0.096% under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license, from the front side of a mutually unregistered restaurant to the front side of the same Eup/Myeon located in the same 8km-gun, Chungcheongnam-gun, Chungcheongnam-do.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

"2016 Highest 359"

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in the principal place and the driver's license ledger of the motor vehicle. "2016 Height 466";

1. Statement by the defendant in court;

1. Statement under the circumstances of the State [before judgment];

1. Application of a reply to inquiry (2016 highest 359 records) statute;

1. Article 148-2 (1) 1, Article 44 (1) (the point of driving under influence of alcohol) of the Road Traffic Act concerning the facts constituting an offense under the relevant Act, Article 152 subparagraph 1, and Article 43 (the point of driving without a license) of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Circumstances unfavorable to sentencing under Article 62-2 of the Criminal Code of the Social Service Order: The instant case is followed even if the person was punished several times for the same kind of crime.