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(영문) 대전지방법원 천안지원 2017.01.13 2016고단2302
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be eight months by imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 2, 2013, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the Daejeon District Court’s Support on January 2, 2013, and on January 26, 2015, the above court issued a summary order of KRW 7 million for the same crime, etc.

As above, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act twice again, driven a BCo-sports cargo vehicle without a driver’s license in the 1km section from September 9, 2016 to around 05:02 at around 16:02, while under the influence of alcohol content of about 0.08% in blood, from the road in which Pyeongtaek-si move at around 05:02 to the 163rd Steel.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement report on the driver's license and the driver's license register;

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (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. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection and community service order and the order to provide community service, and the order to attend a lecture, and again commits the crime of drinking without a license even though he had the record of punishment for drinking driving two times or more, the risk of the instant crime, the record of criminal punishment, the recognition of the crime, and the reflectiveness of the crime, the detention of the Defendant seems to involve excessive difficulty to his family members, and the detention of the Defendant seems to involve excessive difficulty to his family members, the Defendant’s age, sexual behavior, environment, and the circumstances indicated in the instant trial, shall be determined as the sentence as ordered by taking into account all the various circumstances.

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