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(영문) 대전지방법원 2017.07.20 2016고단4507
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 24, 2014, the Defendant issued a summary order of KRW 1,00,000 for a crime of violating the Road Traffic Act at the Daejeon District Court on March 24, 201, and a summary order of KRW 4,00,000 for the same crime at the same court on November 18, 2016.

On December 1, 2016, around 21:07, the Defendant driven a three-way car with alcohol concentration of at least 0.139% while under the influence of alcohol, without obtaining a driver’s license, from approximately 200 meters from the front of the two cafeteria in the Scambi Si, Sejong-gu, Seoul Special Metropolitan City, to the front of the Chungcheong tower in the C-si, Sejong Special Metropolitan City.

As a result, the Defendant violated the prohibition of drinking at least twice, and once again, driven a motor vehicle without obtaining a driver's license in a drunken state in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. A report on investigation;

1. The driver's license ledger;

1. Previous convictions in judgment: A criminal investigation report (report on the confirmation of discharge from active service of the same kind), references to inquiries, such as criminal history, shall apply to the statutes;

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. Article 62(1) of the Criminal Act of the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act) provides that under the favorable circumstances favorable to the Defendant, the Defendant has been punished for a crime of drinking alcohol, such as the record of the criminal record as stated in the judgment of the Defendant, two times the amount of alcohol concentration at the time of the instant crime is high, and repeated by the Defendant.

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