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(영문) 대전지방법원 홍성지원 2016.12.23 2016고단763
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

On February 18, 2016, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act, and a fine of KRW 5 million for a violation of the Road Traffic Act in the same court on August 4, 2016, respectively.

On October 19, 2016, the Defendant violated Article 44(1) of the Road Traffic Act two or more times, and once again driven BK5 automobiles without obtaining a driver’s license in the state of alcohol with approximately 0.179% alcohol concentration at a section of about 100 meters from the road before and after the night 23:54 on October 19, 2016, as from the day before the day of the night 23:54 located in the budget Eup of the Chungcheongnam-gun budget-gun Seoul Metropolitan City to the front day of the 84 HE, as the Eup is located in the same Eup

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and statement of the state of drinking drivers;

1. The driver's license ledger;

1. Previous records: The results of inquiry and the application of investigation reports (a summary order attached to a suspect's drinking driving power) Acts and subordinate statutes;

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;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Probation and order to attend a probation and attend a lecture, the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act, including the defendant’s age, character and conduct, environment, circumstances before and after the instant crime, and the circumstances of the instant crime, etc., shall be determined as ordered by taking into comprehensive account all the conditions

D. Unfavorable circumstances: a crime that is highly likely to harm the life, body, and the family to which the victim belongs, has long become a social issue, and the risk of drinking driving and strong punishment in violation of the law seems to be sufficiently notified to the people, and the same kind of crime has been committed several times within a short period, and blood alcohol concentration is also very high.

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