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(영문) 대전지방법원 논산지원 2017.03.21 2016고단700
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

1. On November 21, 2016, the Defendant driven B, under the influence of alcohol leveling of about 0.087% from the 300m section to the pre-road of the same Eup/Myeon from the cafeteria cafeteria cafeteria located in Seosan-si, Seosan-si, Seosan-si to November 21, 2016, the Defendant driven B, under the influence of alcohol leveling 0.087% from the 300m section to the pre-road of the same Eup/Myeon.

2. On February 9, 2017, the Defendant: (a) driven a B-man car without obtaining a driver’s license over a section of about 1km from the front of the “head of the Dong” to the front of the same Eup/Mari-ri future real estate road, which is located in the Si/Eup/Myeon-si hearing in Seosan-si, Seosan-si on February 9, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Investigation Report - Application of the Acts and subordinate statutes governing the control;

1. Relevant Article of the Act and Articles 148-2 (2) 3, 44 (1) (the point of drinking) of the Road Traffic Act, Article 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, including the fact that he/she again committed the instant crime even though he/she had been punished several times due to a violation of road traffic laws, and that the crime on February 9, 2017 committed on November 21, 2016 was committed while he/she was under trial due to the public trial referral decision on the crime committed on November 21, 2016, it is necessary to punish the defendant strictly.

However, in light of all the sentencing conditions shown in the arguments of this case, such as the fact that the defendant reflects the mistake, that the defendant has no record of the suspension of execution or heavier punishment, the degree of alcohol concentration in the blood of the defendant at the time of driving, and the age, environment, criminal records, criminal records, circumstances after the crime, etc., the punishment shall be determined as ordered.

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