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(영문) 대전지방법원 천안지원 2016.08.05 2016고단141
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal record] On July 26, 2006, the Defendant was sentenced to a fine of three million won for a violation of road traffic law in the Daejeon District Court's Branch of the Daejeon District Court on July 26, 2006, a fine of three million won for the same crime in the same court on August 4, 2009, and a fine of eight million won for the same crime in the same court on October 29, 2015, respectively.

[2] On December 27, 2015, Defendant 1, who was punished twice or more due to drinking, was once again driving C Lone Star Co., Ltd. under the influence of alcohol at approximately 0.194% alcohol level without obtaining a vehicle driver’s license from the front of a restaurant where it is impossible to know the trade name near the Sung-dong Shodong Shodong Sho-si Shodong-si at around 21:30 on December 27, 2015, to the opening of the fourth official permanent residence of the 100 Gasan-si Station at the 100-si, Asan-si Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 (2) 1, Article 44 (1) (three-time Driving) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (non-licensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant had a record of being punished for drinking alcohol driving several times; (b) the offender committed a crime and commits a mistake; and (c) there is no criminal punishment exceeding the fine in excess of the fine, etc., the punishment as ordered shall be determined by taking into account the various sentencing conditions shown in the instant trial proceedings.

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