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(영문) 대전지방법원 논산지원 2016.04.12 2015고단686
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 17, 2015, the Defendant, at around 17:55, driven a motor vehicle with a gallon in the state of alcohol alcohol concentration of about 0.222% while under the influence of alcohol at around 0.22%, without obtaining a driver’s license, from the front of the informatization village at the seat of the Chungcheongnamnam-gun, to the front of the private-use tunnel located in the same galking of 3km.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. A driver's license inquiry;

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

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant 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 grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, the order to attend a lecture, or the order to attend a community service order, committed again the instant crime even though the Defendant had been punished several times for the same crime, and the amount of alcohol content in blood at the time of the crime reaches 0.22%. However, there is a strict need for punishment in light of the fact that the Defendant’s mistake is against the Defendant, and the previous conviction for the suspension of execution due to the same crime was 12 years, and the Defendant’s age, environment, and circumstances before and after the commission of the instant crime, etc., shall be determined as ordered

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