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(영문) 대전지방법원 천안지원 2014.05.22 2014고단142
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 August 26, 2009, the Defendant was sentenced to a fine of 1 million won for a violation of the Road Traffic Act (driving) in the Daejeon District Court's branch on August 26, 2009, and on September 29, 201, to a fine of 10 million won for a violation of the Road Traffic Act (driving). On December 14, 201, the Defendant driven a car of Kan-kn-kn-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement on the occurrence of a D traffic accident;

1. The ledger on use of drinking meters, reports on detection of drinking drivers, statements on the status of drinking drivers, and the ledger of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports, summary order, application of statutes;

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. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment shall be imposed on a person who commits a crime of violating the Road Traffic Act due to the influence of alcohol heavier than the punishment, but choice of imprisonment shall be imposed);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is the same as the case in which the defendant, who has been sentenced to a suspended sentence due to the same crime as the case in this case, once again drives without a license for drinking, the responsibility is unlimited and the execution of the sentence is suspended on the condition that the community service order is conditional in consideration of the fact that the defendant is committing the crime and the mistake is against him.

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