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(영문) 대전지방법원 2016.10.05 2016고단1719
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 22, 2015, the Defendant is a person who has been notified of a fine of one million won for a violation of the Road Traffic Act at the Daejeon District Court on September 22, 2015, and a fine of three million won for the same crime at the same court on October 12 of the same year.

Around 00:50 on April 4, 2016, while under the influence of alcohol with 0.137% of blood alcohol concentration without a driver’s license, the Defendant driven a vehicle for passenger use at a distance of about 5 km from the trade name in front of a restaurant located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu to the four-km distance from the day before the cafeteria is located in the cafeteria.

2. The Defendant violated the Road Traffic Act (ckless driving) at the above time and at the above location, without disregarding D’s suspension signal leading to the Daejeon Busan Police Station that was working for drinking control, led to the occurrence of any danger to traffic by driving a vehicle by driving the vehicle at a speed of about 3 km per hour at the highest speed of 120km and driving the vehicle at the speed of 120km per hour, and committing a traffic signal violation at the shot distance.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Breamboxes and video CDs for patrol vehicles;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant law concerning the crime: Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol not less than three times), subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Articles 151-2 and 46-3 of the Road Traffic Act (the point of driving under the influence of influence of alcohol not less than three times); and

1. Crimes of violation of Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes ( mutually between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act).

1. A crime of violation of the Road Traffic Act by choice of punishment: A crime of violation of the Road Traffic Act by choice of imprisonment: A sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [n] Article 38 (1) 2 and Article 50 of the Criminal Act shall apply to the lower limit of the punishment specified for the crime of sound driving; and

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