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(영문) 대전지방법원 2017.09.01 2017고단2371
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 19, 2016, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 1 million due to a crime of violating road traffic laws at the Daejeon District Court on January 19, 2016, and a summary order of KRW 3 million with the same court on November 2, 2015 due to a crime of violating road traffic laws.

On May 1, 2017, the Defendant driven a CMW 750-Li car under the influence of alcohol content of 0.161% while under the influence of alcohol content of 0.161% without obtaining a driver’s license from the front of the convenience store in which it is difficult to identify the trade name in the Daejeon Seo-dong, Daejeon, Seosung-dong, and the front and rear of the school.

As a result, the Defendant, who violated the prohibition on drinking at least twice, was driving at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the results of crackdown on driving alcohol;

1. Entry into the ledger of driver's licenses;

1. Application of the Acts and subordinate statutes in the report of investigation (Attachment to the said report); and

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. Consideration of the reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order, alcohol concentration in the blood of this case, majority of the same criminal records before and after 200, as well as the same criminal records repeatedly committed during a short period including this case.

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