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(영문) 대전지방법원 논산지원 2016.05.24 2016고단15
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 history] On May 22, 2009, the Defendant was sentenced to a fine of 2.5 million won as a crime of violating the Road Traffic Act (drinking) at the Jung-gu District Court on May 22, 2009, and a fine of 4 million won as a crime of violating the Road Traffic Act (drinking) at the Jung-gu District Court on March 31, 201.

[2] On December 22, 2015, the Defendant driven B-low-income cars under the influence of alcohol content of 0.159% without obtaining a driver’s license from the front day of the So-called So-called So-called So-called So-called So-called So-called “I-ri, So-ri, So-ri-ri, So-ri-ri, So-ri, So-ri, U.S. to the front day of the same Eup-ri road located in the same Eup-Myeon.

As a result, the Defendant, who committed a violation of the Road Traffic Act without a driver's license, at least twice, driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and summary order);

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant again committed the crime of this case even though he had the record of punishment for the same kind of crime, the degree of alcohol concentration at the time of committing the crime of this case is higher than 0.159%, the defendant reflects the defendant's mistake, and the defendant's age, criminal record (no other criminal record than the second fine before being sentenced) and all of the sentencing conditions shown in the arguments of this case shall be determined as ordered by the order.

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