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(영문) 대전지방법원 2017.12.12 2017고단3835

도로교통법위반(음주운전)등

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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 July 14, 2014, the Defendant received a summary order of KRW 5 million from the Daejeon District Court to a fine of KRW 1,00,000 due to a violation of road traffic laws, and on May 7, 2015, a summary order of KRW 5,00,00 from the Daejeon District Court to a fine of KRW 1,00 due to a violation of road traffic laws.

Although the Defendant had been punished for drinking two or more times, on August 19, 2017, the Defendant driven C-car under the influence of alcohol for about 0.106% of alcohol concentration in blood without obtaining a driver’s license from the area of about 7km in front of the Daejeon-dong, Daejeon-gu, Daejeon-dong, to the road near the 4km-dong, Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-dong, Daejeon-gu, about 215.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the result of regulating driving of drinking alcohol;

1. Entry into the ledger of driver's licenses;

1. Application of the Acts and subordinate statutes written in the investigation report (verification of the same record as the suspect);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. Consideration of the reason for sentencing under Article 62-2 of the Criminal Act, the degree of alcohol in the blood of this case, and the driving of drinking repeated over a short period of time, etc.