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(영문) 대전지방법원 2016.08.30 2016고단1733
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 March 6, 2014, the Defendant was sentenced to a fine of five million won for a crime of violating the Road Traffic Act at the Daejeon District Court on the same kind of crime two times.

On May 30, 2016, the Defendant driven a B-low-income vehicle without obtaining a driver's license in the state of alcohol concentration of approximately 700 meters in the area of alcohol 0.25% in blood on the roads near the bus terminal located in the Seo-gu, Daejeon, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of a summary order attached to the same type of force);

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. 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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