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(영문) 대전지방법원 2017.07.26 2017고단1844
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 2, 2008, the Defendant received a summary order of KRW 700,000 from the Daejeon District Court to a fine for a violation of the Road Traffic Act, and on January 12, 2017, a fine of KRW 3.5 million to a violation of the Road Traffic Act in the Daejeon District Court on May 2, 2008, respectively, and violated the prohibition of drinking regulations at least twice.

On May 8, 2017, at around 00:09, the Defendant: from the parking lot near the Doma-dong, Seo-gu, Daejeon, Daejeon to the roads near the Doma-dong in the same orchard, the Defendant: (a) borrowed a vehicle under the influence of alcohol of about 0.133% of alcohol concentration in blood without obtaining a driver’s license from the section of about 2km from the section of the same Gu to the roads near the Doar-dong in the same orchard-dong; and (b) driven the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect against the defendant;

1. Report on the circumstances of driving under the liquor:

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the previous confirmation of criminal history);

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

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

1. It is so decided as per Disposition for the reason of two or more Article 62-2 of the Criminal Act of the Order to attend lectures and the community service order;

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