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(영문) 대전지방법원 천안지원 2017.02.03 2016고단2311
도로교통법위반(음주운전)등
Text

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

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

【The Defendant received, on March 25, 201, a summary order of KRW 1,50,000 from the Daejeon District Court’s Branch of the Daejeon District Court to commit a violation of road traffic law (drinking), and on September 26, 201, a summary order of KRW 2 million from the above court due to the same crime, etc.

【Defendant Inasmuch as Defendant 2 violated Article 44(1) of the Road Traffic Act twice again, driving a motor vehicle B New EF small or another motor vehicle without a motor vehicle’s license under the influence of alcohol content of about 0.160% from a three-luminous apartment parking lot located in the south-dong, Nam-gu, Nam-gu, Seoul at around October 3, 2016, to the front of about 208 apartment units, within approximately 100 meters away from the three-dimensional apartment parking lot located in the south-gu, Southern-gu, Southern-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police on the police;

1. Notification of the results of crackdown on the driving of drinking, statement of the situation of the driver driving, and inquiry about the results of crackdown on the driving of drinking;

1. The driver's license ledger;

1. Each photograph;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (the confirmation of criminal history of the same kind);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Consideration, such as the fact that a person repeatedly commits a crime even though he/she had a history of criminal punishment on several occasions due to driving of drinking for the reason of sentencing under Article 62-2 of the Criminal Act, the fact that there is no criminal punishment exceeding a fine, and the fact that he/she reflects

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