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(영문) 대전지방법원 천안지원 2017.07.20 2016고단2358
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of a sentence shall be deferred for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[M] On October 24, 201, the Defendant received a summary order of KRW 2,50,000,000 from the Daejeon District Court Branch of the Daejeon District Court on October 24, 201 due to a violation of the Road Traffic Act (drinking driving), and on November 8, 2013, the above court received a fine of KRW 5 million due to a violation of the Road Traffic Act (drinking driving).

[2] On August 4, 2014, the Defendant driven a 700-meter B Rad on the front of a restaurant where the trade name located in the south-dong, Nam-gu, Yan-dong cannot be known while under the influence of alcohol with a blood alcohol content of 0.140% without a driver’s license on August 4, 2014.

Summary of Evidence

[Criminal facts]

1. Protocol concerning the examination of suspect;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The ledger of driver's licenses of motor vehicles (electric power violating Article 44 (1) of the Road Traffic Act not less than twice);

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The grounds of the suspended sentence under Article 62(1) of the Criminal Act, the number of reasons for the sentencing, the circumstances leading to the detection of drinking, the distance of driving, the records of criminal punishment for drinking drivers, and the criminal records of the defendant.

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