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(영문) 대전지방법원 홍성지원 2017.07.19 2017고단341
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 March 6, 2017, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law in the public support of the Daejeon District Court on March 6, 2017, and on November 17, 2014, the Defendant was sentenced to a summary order of KRW 1 million for the same crime at the Daejeon District Court on the same date and was sentenced to a summary order of KRW 1 million for the same crime on at least two occasions.

[2] On March 15, 2017, the Defendant, without a driver’s license, driven a BMW car at approximately 0.108% alcohol level from the apartment parking lot located in the area of about 3 km from the apartment site located in the budget-based Seoul Metropolitan City budget-based city to the front road of the entrance of the general sports site at the budget-based city.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, the ledger of driver's licenses, notification of the results of regulating the driving of alcohol, and a statement in the circumstances of the driver's license who takes driving;

1. Previous convictions as indicated in the judgment: Inquiry about criminal history, investigation report (No. 15 of the evidence list), application of 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.

There is a record of being punished several times for the same crime that the crime of this case was committed.

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