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(영문) 대전지방법원 공주지원 2015.05.08 2015고단30
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

[criminal record] The defendant is fine of 70,000 won for a violation of the Road Traffic Act at the official branch of the Daejeon District Court on February 25, 1999; fine of 2,00,000 won for a violation of the Road Traffic Act; fine of 2,50,000 won for a violation of the Road Traffic Act from the official branch of the Daejeon District Court on December 9, 2003 to the official branch of the Daejeon District Court on May 6, 2004 to the same crime; fine of 1,00,000 won for a violation of the Road Traffic Act (unlicensed) from the official branch of the Daejeon District Court on March 25, 200 to the official branch of the Daejeon District Court on March 25, 208 to the fine of 200,000 won for a violation of the Road Traffic Act (Unlicensed Driving) from the Daejeon District Court on February 6, 2009 to the fine of 301,51.

[Criminal Facts] On January 26, 2015, at around 16:54, the Defendant driven one ton of B Poter while under the influence of alcohol without a vehicle driver’s license at a section of approximately 100 meters from the front of the convenience store for CUAAF instigates in Triju to the same 32-10 front road.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. A driver's license inquiry;

1. Report on the results of the crackdown on drinking driving, report on the detection of drinking drivers, and report on the circumstantial statement of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of punishment);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution is Article 62(1) of the Criminal Act (the following factors favorable to the defendant among the reasons for sentencing).

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