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(영문) 대전지방법원 논산지원 2018.11.16 2018고단397
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

[Power of crime] On December 29, 2015, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violating road traffic law in the Daejeon District Court's support on December 29, 2015, and on October 7, 2009, the Defendant was punished for driving under drinking more than twice, such as receiving a summary order of KRW 3 million for a crime of violating road traffic law (driving) in the Daejeon District Court's support.

[2] On May 2, 2018, the Defendant driven Bone Star Corscis under the influence of alcohol with approximately 0.163% alcohol concentration in blood without obtaining a driver’s license from the front of the public restaurant in the city of Seosan-si, Seosan-si, Seosan-si to the front road in the 156-1st century, Seosan-si, Seosan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. The driver's license ledger;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and an investigation report (the previous confirmation thereof) statute;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Voluntary imprisonment with labor (the punishment of a fine for the same crime is repeated even if it has been imposed);

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 suspension of execution (the fact that there is no previous conviction exceeding the punishment, and the fact that the punishment is recognized for mistake);

1. An order to attend a lecture or an order of community service order under Article 62-2 of the Criminal Act (the reason for driving drinking is insufficient to make a vindication that is difficult to obtain for the reason for driving drinking and thus seriously reflective;

Considering that it appears, to prevent recidivism

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