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(영문) 대전지방법원 홍성지원 2017.08.09 2017고단393
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 became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On November 26, 2007, the Defendant received a summary order of KRW 1.5 million as a crime of violating road traffic law (drinking driving) in the Daejeon District Court's Red support on November 26, 2007, and KRW 2 million as a fine in the same court on May 27, 2015.

[2] The Defendant: (a) committed a violation of Article 44(1) of the Road Traffic Act on at least two occasions; (b) operated a motor vehicle under the influence of alcohol content 0.066% from the 2km section of approximately 2km to the road front of the “ Future Construction During the construction period” in the same Eup/Myeon, from May 29, 2017, at around 12:55, the Defendant: (c) driven a motor vehicle of Category C Lasta without obtaining a driver’s license in the influence of alcohol content 0.066% from the 2km section to the road in front of the same Eup/Myeon.

Summary of Evidence

1. Statement by the defendant in court;

1. An inquiry into the ledger of driver's licenses, the results of regulating drinking driving, a statement on the circumstances of the driver's license, and a report on internal investigation;

1. Previous convictions indicated in the judgment: Inquiry about criminal history, investigation report (number 14 of evidence list), application of each summary order Acts and subordinate statutes;

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 to mitigate small amount;

1. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.

The fact that the crime of this case is committed, and there is no record of being punished more than a suspended sentence, and there is a record of being punished several times for the same crime.

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