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(영문) 대전지방법원 2017.01.24 2016고단4312
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 7, 2007, the Defendant issued a summary order of KRW 1,50,000,000 as fine for a violation of road traffic law at the Daejeon District Court on February 15, 2008, a fine of KRW 1,50,000 as fine for a violation of road traffic law (driving), and a fine of KRW 5 million in the same court on January 26, 2010, and a fine of KRW 6,000 as fine for a violation of road traffic law (driving), respectively, in the same court on April 2, 2015.

On September 18, 2016, around 01:08, the Defendant driven Cone Star Co., Ltd. under the influence of alcohol content of 0.108% while under the influence of alcohol, without obtaining a driver’s license from the front side of the relevant Gu-ro, Daejeon, Daejeon, Daejeon, about 448, 52-4, to the front side of the relevant Gu-ro and the front side of the two parallels.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice without a driver's license, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. The arrest report of the occurrence of the case, the notification of the results of regulating the driving of drinking, the circumstantial statement of the driver of the drinking, the situation report of the driver of the drinking, the situation of the driving of the drinking, the records of enforcement, the measurement of drinking, the register of driver's licenses, the investigation report (report on the results

1. Previous conviction: Inquiry about criminal history and application of each summary order Acts and subordinate 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Although the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, even though he was sentenced to a single sentence and a fine of several times due to the same crime, the crime of this case is not likely to be committed again, the fact that the defendant is against the defendant, and that the defendant has been punished by a fine for not less than the last ten years.

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