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(영문) 대전지방법원 2016.11.23 2016고단2174
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

On May 19, 2009, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Daejeon District Court, which became final and conclusive on October 9, 2009. On October 13, 2009, a summary order of KRW 1.5 million was issued for the same crime, and confirmed on December 4, 2009. On November 3, 2009, the Defendant issued a summary order of KRW 5 million for a violation of the Road Traffic Act (driving) and became final and conclusive on December 23, 2009.

On October 20, 2016, at around 21:50, the Defendant, without a car driver’s license, driven approximately 500 meters from the front side of the main apartment complex located in the large exhibition Jung-gu culture Dong to the front side of cultural development in the same Dong, while under the influence of alcohol by 0.093% of the blood alcohol concentration without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, the details of crackdown, and the circumstantial statement of the drinking driver;

1. Registers of driver's licenses;

1. Previous records of judgment: The application of criminal records, repeated statements, and statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act on the following grounds: (a) although the crime of this case was repeated despite the fact of the crime committed four times as a result of the crime of the same kind, it is necessary to acknowledge and reflect the fact of the crime and not repeat the crime; (b) consider the age

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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