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(영문) 대전지방법원 천안지원 2015.10.01 2015고단1322
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 power] On September 17, 2014, the Defendant issued a summary order of KRW 1,50,000,000 to a fine for a violation of the Road Traffic Act (driving) at the Daejeon District Court’s Branch on September 17, 2014, and on May 29, 2015, the Defendant violated Article 44(1) of the Road Traffic Act by issuing a summary order of KRW 5 million for the same crime at least twice.

【Criminal Facts】

On July 3, 2015, at around 00:40, the Defendant driven a motor vehicle from the front side of the case head sprinkin located in the Seo-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu to the road in the same Ri, without obtaining a driver's license. The Defendant driven a motor vehicle from the 50-meter section, the blood alcohol concentration of which is 0.056% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the occurrence status of D traffic accidents;

1. Any traffic accident report (1), traffic accident report, traffic accident control report, notification of the results of the drinking driving control, and entry in the circumstantial statement of a drinking driver; and

1. A copy of the register of drinkbling measuring instruments, and each entry in the register of driver's licenses (A);

1. On-site map, on-site map, and images of related photographs;

1. Previous convictions in judgment: Application of each Act or subordinate statute to a statement of inquiry about management of a report on detection of the incident, a statement of inquiry about criminal records, an investigation report (Attachment of the same summary order), and a report on the results of confirmation of the previous disposition;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (recognition of the favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The fact that the defendant for sentencing of Article 62-2 of the Criminal Act has a record of being fined twice for the same crime, and the defendant drinking.

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