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(영문) 대전지방법원 홍성지원 2018.08.22 2018고단421
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 6, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating road traffic law (drinking driving), KRW 5 million for a fine due to the same crime in the same court on January 18, 2010, and KRW 7 million for the same crime in the same court on March 10, 2016.

On June 1, 2018, at around 23:36, the Defendant driven B Poter vehicle under the influence of alcohol with approximately 100 meters alcohol concentration 0.161%, without obtaining a driver’s license, on the front side of a restaurant in the name of Hongsung-gun Hong-gun, Hongsung-gun, Hongsung-gun, to the front side of the red-gun Hongsung-gun Red Broadcasting Center.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A) and of a summary order;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act (Punishments imposed on a crime prescribed for a violation of the Road Traffic Act, which is heavier than punishment);

1. Selection of imprisonment;

1. Suspension of execution: Article 62 (1) of the Criminal Act ( considered in light of favorable circumstances, such as the reflection of the nature, the occurrence of an accident by a crime, the distance of driving is relatively short, and the absence of a criminal record for the same kind of crime exceeding the fine);

1. Community service order: Article 62-2 of the Criminal Act;

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