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(영문) 대전지방법원 2015.11.06 2015고단2703
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 September 1, 2009, the Defendant received a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court on September 1, 2009. On August 3, 2009, the Defendant received a summary order of KRW 3.5 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court on August 3, 2009. On October 30, 2007, the Defendant received a summary order of KRW 700,000 from the Daejeon District Court on September 30, 2007, and received a summary order of KRW 700,000 for a violation of the Road Traffic Act.

【Criminal Facts】

On July 15, 2015, the Defendant, at around 18:30, driven a motor vehicle with no driver’s license and while under the influence of alcohol 0.222% of blood alcohol concentration, the Defendant driven from the front side of a restaurant on the trade name and aesthetic road in the Daesung-dong in the Daesung-dong, to the front side of the same 1km middle school.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of inquiry reports and investigation reports (attached to the previous and summary orders) Acts and subordinate statutes;

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

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

3. Selection of sentence of alternative imprisonment;

4. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

5. Article 62 (1) of the Criminal Act;

6. Selection of an order to attend a school shall be made in consideration of the fact that there are many criminal records of the same kind and the blood alcohol concentration was very high in sentencing Article 62-2 of the Criminal Act.

Provided, That the punishment shall be determined as per the disposition in consideration of the fact that the defendant has recognized all errors and reflects the fact that he has no criminal records of suspension of execution or more.

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