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(영문) 대전지방법원 2016.08.09 2016고단1495
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 27, 2008, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act at the Daejeon District Court on June 27, 2008, and was sentenced to a fine of KRW 3 million as a crime of violating the Road Traffic Act at the Daejeon District Court on August 13, 2015.

On May 18, 2016, the Defendant driven a B-hand motor vehicle with alcohol content of 0.111% under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license from the Do in front of the Daejeon Seo-dong, Seo-gu, Seo-gu, Daejeon, to the roads in front of the Seo-gu, Seo-gu, Seo-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of control, notification of the results of crackdown on drinking driving, inquiry into the results of crackdown on drinking driving, a statement of the circumstances of the driver under driving, control photographs, and the register of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to inquiries about criminal records and investigation reports (including attachment of the previous decisions);

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. Imprisonment with prison labor chosen;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act of the suspended sentence are against the defendant, the fact that the defendant has no record of having been punished beyond the fine, and other various sentencing conditions, including the defendant's age, sex, environment, etc., shall be comprehensively taken into account, set forth in the order.

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