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(영문) 대전지방법원 논산지원 2015.07.21 2015고단167
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 29, 2008, the Defendant received each summary order of KRW 1,000,000 from Daejeon District Court on February 29, 2008, and fine of KRW 1,50,000 on July 4, 2014.

On March 6, 2015, at around 00:15, the Defendant driven BM car under the influence of alcohol concentration of 0.134% without obtaining a driver’s license from a section of about 1km from the front of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the mountain of the Republic of Korea to the front of the mountain of the mountain of the mountain of the mountain of the mountain of the Republic of Korea.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. An inquiry letter of driver's license, inquiry into the results of crackdown on drinking driving, a report on the situation of drinking driving, and a report on the circumstances of driving without a license;

1. A protocol concerning the suspect examination of the accused;

1. Previous records: Application of Acts and subordinate statutes to inquiries and inquiries, such as criminal records, and investigation reports prepared by prosecution assistant officials;

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

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment).

3. Selection of sentence of alternative imprisonment;

4. Article 62 (1) of the Criminal Act;

5. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, Etc. is that the Defendant was sentenced to a fine on several occasions due to drinking or driving without a license, and the Defendant was sentenced to a fine on July 4, 2014, and was sentenced to a violation of the Road Traffic Act (driving). Thus, the risk of recidivism, such as drinking or driving without a license, is not small, as stated in its reasoning.

However, the punishment as ordered shall be determined by comprehensively taking into account the facts that the defendant has committed a crime, and is led to confession, and other various circumstances shown in the pleadings of this case, such as the age, character and conduct, and environment of the defendant.

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