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(영문) 대전지방법원 2017.09.28 2017고단2859
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 September 19, 2009, the Defendant was notified of a summary order of a fine of 1.5 million won due to a violation of road traffic law in the Daejeon District Court's support on September 19, 2009. On February 21, 2017, the Daejeon District Court was notified of a summary order of a fine of 1 million won due to a violation of road traffic law.

On July 5, 2017, around 07:20 on the 410-dong, Kugnam Village apartment located in Seo-gu, Seo-gu, Daejeon, Seo-gu, Seo-gu, Daejeon, driven Crane car with approximately 50 meters alcohol concentration of 0.162% while under the influence of alcohol without obtaining a motor vehicle driver's license.

As a result, the Defendant violated the prohibition of drinking at least twice, and once again, driven a motor vehicle without obtaining a driver's license in a drunken state in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. On-site photographs and black stuff photographs;

1. Previous convictions in judgment: An investigation report (verification of the records of the same kind of crime) - Two copies of summary order, and the results of inquiry, and 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. Article 62(1) of the Act on the Suspension of Execution [The fact that the defendant is the time of and against the crime of this case, the fact that he supports his mother, etc., shall be favorable to the defendant, and the criminal records, including the records of the criminal records as stated in the judgment of the defendant, shall be punished three times (in 2003, 2009, and 2017) and three times (in 2003, 2009, and 2017). The defendant shall be punished for the crime of this case. The defendant shall be punished for the crime of this case in consideration of the records of the crime of this case, which are higher in the blood alcohol concentration at the time of the crime of this case, and

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