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(영문) 대전지방법원 서산지원 2018.05.03 2018고단160
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 25, 2007, the Defendant issued a summary order of a fine of one million won or more as a crime of violating the Road Traffic Act at the Incheon District Court on June 25, 2007, and on November 21, 2014, a fine of four million won or more as a crime of violating the Road Traffic Act at the Seosan Branch of the Daejeon District Court on November 21, 201.

Nevertheless, the Defendant, at around 16:40 on February 13, 2018, driven a B observer-ri vehicle under the influence of alcohol content 0.18% while under the influence of alcohol content 0.18%, without obtaining a driver’s license from approximately 1:61 in the same tri-ri road from the Sinsan-si Busan Metropolitan City to the 300m-ri road in front of large fishery.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by C;

1. A fact-finding survey report and a report on the occurrence of traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. Notice of the result of regulating the driving of drinking and the ledger of driver's licenses;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act (the following sentencing shall be considered in light of favorable circumstances, etc. in consideration of the amount of punishment):

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following sentencing shall be repeatedly taken into consideration in favorable circumstances, etc.);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend Education, despite the fact that the defendant had already been punished for the same crime several times, commits each of the crimes of this case, drinking level high, the defendant recognizes each of the crimes of this case, reflects the fact that the defendant is more severe than the fine, and there is no prior conviction than the fine, and take full account of all the conditions of sentencing as shown in the argument of this case, such as the defendant's age, environment, sex behavior, motive, means and consequence of the crime, etc.

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