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(영문) 대전지방법원 천안지원 2014.05.22 2014고단378
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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

On July 6, 2006, the Defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Seocheon Branch of the Daejeon District Court on July 6, 2006, and on September 29, 2008, the same court issued a summary order of KRW 2.5 million due to a fine for a violation of the Road Traffic Act (driving). On May 28, 2010, the same court issued a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving). On July 22, 2011, the Defendant was sentenced to two years of imprisonment with prison labor for the same crime in the same court, and on October 1, 2013, issued a summary order of KRW 7 million due to a fine in the same court.

피고인은 2014. 3. 1. 01:00경 자동차운전면허 없이 혈중알콜농도 0.217%의 술에 취한 상태로, 천안시 서북구 성정동 불상지 앞 도로부터 같은 동 소재 뱅뱅사거리 앞 도로에 이르기까지 약 500미터 C K5 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. A traffic accident report (1) and (2), a traffic accident occurrence report, a report on the actual state of the driver concerned, and a report on the replacement of the driver concerned;

1. On-site photographs and the register of driver's licenses;

1. Previous convictions as indicated in the judgment: Criminal records, investigation reports (the previous record and report of confirmation of a suspect), summary orders of the Daejeon District Court's 201 High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's High Court's 201 High Court's High Court's High Court's High Court's High Court's High Court's 2010 High Court's High Court's High Court's High Court's High Court's 2008 High Court's High Court's

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary work and consideration given to the cases under Articles 53 and 55 (1) 3 of the Criminal Act (including the cases where he/she repents wrongs in depth and has no record of being punished as a penalty);

1. The suspended execution shall be for not less than one month under Article 62 (1) of the Criminal Act;

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