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(영문) 대전지방법원 논산지원 2018.04.20 2017고단761
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 28, 2007, the Defendant was sentenced to a summary order of 700,000 won for a crime of violating road traffic law in the support of the Daejeon District Court Seosan on August 28, 2007, and on November 29, 2010, the Defendant was punished by a summary order of 1,50,000 won for a crime of violating road traffic law (drinking).

[2] On November 10, 2017, the Defendant driven CM5 car under the influence of alcohol with approximately 0.075% alcohol concentration in blood without obtaining a driver’s license from the 3k section in the middle of the bus stop in the middle of about 2km in the village of the same city from the Nong Agricultural Parking Site in the Doi-Eup Si, Seosan-si, Seosan-si, Simsan, to the front of the bus stop in the middle of about 14:38.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking and a statement in the circumstances of the driver of drinking;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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 an alternative sentence of imprisonment (as such, there are several criminal records of the same kind of crime);

1. Articles 53 and 55 (1) 3 (Confession and reflect) of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the grounds for mitigation of the amount of punishment and the previous convictions that exceed the fine for the same kind of crime);

1. Protection and observation, community service, and order to attend a lecture under Article 62-2 of the Criminal Act;

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