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(영문) 대전지방법원 2016.11.29 2016고단3042
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 July 11, 2016, the Defendant was issued a summary order of KRW 5 million due to a crime of violation of the Road Traffic Act (driving) and on January 21, 2016, and was issued a summary order of KRW 2.5 million due to the same crime on January 21, 2016 and was issued two times more for the same criminal records.

Criminal facts

On August 26, 2016, at around 02:16, the Defendant driven C Costa car at approximately 200 meters from the road located in the Daejeon Pungdong, Daejeon Pungdong, to the road located in the same 575 U.S., while under the influence of alcohol by 0.121% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records: Application of inquiry reports and investigation reports (Attachment of a copy of summary order) related to criminal records, etc.;

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. Article 62 (1) of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Determination of sentence that the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc. are different from the above circumstances, such as the fact that the defendant's age, character and behavior, environment, motive of the crime, means and consequence of the crime, etc. are three times each of the criminal records of drunk driving and unauthorized driving, the circumstances that are favorable to the fact that the driver was driving in the original state of drinking alcohol while making a traffic accident: The confession and reflects the fact that the driver was being registered in the golding program, etc.; and

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