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(영문) 대전지방법원 천안지원 2017.06.08 2017고단838
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

[M] On October 28, 2015, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of road traffic law (driving) from the Daejeon District Court’s Branch on the Incheon District Court’s Branch on October 28, 2015. On September 30, 2016, the Defendant received a summary order of KRW 4 million as a fine for the same crime in the same court.

[2] On April 1, 2017, the Defendant driving a B-low-income vehicle at approximately 100 meters in front of the road in front of the Yananan-si where the trade name of the Seongbuk-gu Seongbuk-gu Seongbuk-si is unknown in the state of alcohol concentration of 0.160% in blood while he/she obtained a driver's license on April 1, 2017, and was under influence of 0.160% in alcohol during blood.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Notification of detection of a driver at driving, report on the circumstances of the driver at driving, investigation report (report on the circumstances of the driver at driving), and notification of the results of regulating the driver at driving;

1. The driver's license ledger;

1. A photograph of the control site (the records of crimes violating Article 44 (1) of the Road Traffic Act not less than twice);

1. Application of an inquiry letter, such as criminal history, and a report on investigation (in cases of attachment to the summary order attached thereto) by statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Such factors as the observation of protection and the order of community service order under Article 62-2 of the Criminal Act have been punished by the suspension of the execution of imprisonment due to drinking alcohol, the reasons for sentencing, the background of detection of drinking alcohol, the distance of driving, the criminal records of criminal punishment for drinking (not more than 3 times for drinking driving, 1 time for non-licensed driving, refusal of measurement of drinking, etc., but driving of drinking and non-licensed driving are both fines and the suspension of the execution of the above imprisonment is the previous

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