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(영문) 대전지방법원 2016.01.28 2015고단3962
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 October 8, 2015, the Defendant was issued a summary order of a fine of five million won for a crime of violating the Road Traffic Act at the Daejeon District Court on March 8, 2015, and on April 15, 2009, the Defendant was sentenced to a fine of four million won for a crime of violating the Road Traffic Act at the Daejeon District Court on April 15, 2009 and was sentenced to a fine of four million won for the same kind of force

On October 27, 2015, at around 03:35, the Defendant driven a e-mail under the influence of alcohol content of 0.268% while under the influence of alcohol without obtaining a driver's license from the front of the Diculon road located in Sejong, to the West of the same Eup/Myeon from about 500 meters to the Western of the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of replys to inquiries, such as criminal history, investigation reports (referring to previous convictions and attachment of such judgment) and statutes;

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

1. Selection of an alternative sentence of imprisonment (high drinking volume and six times of fine for the same kind);

1. Article 62 (1) of the Criminal Act on the suspension of execution (a person who has no previous record of reflectivity, driving distance, or suspension of execution or more);

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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