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(영문) 대전지방법원 2014.07.09 2014고단1530
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

On June 26, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Daejeon District Court on June 26, 2009, and was sentenced to a fine of four million won for the same crime in the same court on December 29, 2009.

Criminal facts

On May 2, 2014, at around 22:14, the Defendant driven C rocketing car with approximately 500 meters alcohol concentration 0.116% under the influence of alcohol without obtaining a driver’s license from the Jung-gu Incheon to the front road of the same Taepyeong-dong, Taepyeong-dong, Taepyeong-dong, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry report on the results of drinking driving;

1. Consent to blood collection and written confirmation, request for appraisal of blood alcohol concentration, reply for appraisal, and written appraisal of blood alcohol;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of the Acts and subordinate statutes to which attachment, such as inquiry reports, investigation reports (former and previous report on confirmation), and copies of summary orders are attached;

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

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

1. Selection of imprisonment with prison labor chosen;

1. It is so decided as per Disposition for the reasons above, such as the fact that there was a history of punishment several times for the same kind of crime with the same reason for sentencing under Article 62(1) of the Criminal Act, but is against the law.

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