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(영문) 대전지방법원 천안지원 2017.04.14 2017고단53
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

[Power of crime] On November 18, 2015, the Defendant was issued a summary order of KRW 4 million by a fine of KRW 5 million in the court above the same day due to the same crime, etc. in the Daejeon District Court’s Branch of the Daejeon District Court for the crime of violation of the Road Traffic Act.

[2] Although Defendant 1 violated Article 44(1) of the Road Traffic Act on at least two occasions, Defendant 2 again driven a BNF Hamna car under the influence of alcohol concentration of 0.11% during blood alcohol level from the 20:50 on October 30, 2016 to the underground parking lot of the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seoul, to the 500m-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoul, with no driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history and investigation reports (Attachment to the same criminal record and summary order);

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. Selection of imprisonment with prison labor chosen;

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 punishment shall be determined as ordered in consideration of various sentencing conditions shown in the trial proceedings of this case, such as the fact that a person committed a crime of drinking alcohol driving on several occasions for the reason of sentencing under Article 62-2 of the Criminal Act, such as the protection observation and attendance order, and the fact that the person committed a crime of drinking alcohol driving.

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