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(영문) 대전지방법원 서산지원 2018.05.02 2018고단141
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 22, 2011, the Defendant was issued a summary order of a fine of three million won due to a violation of road traffic law in the Seosan Branch of the Daejeon District Court on September 2, 201, and on January 9, 201, the same court was sentenced to imprisonment of eight months due to a violation of road traffic law (driving), two times as a violation of road traffic law (licenseless driving), and three times as a violation of road traffic law (driving driving), including a suspended sentence of two years.

On January 26, 2018, at around 23:25, the Defendant driven a motor vehicle with turburgh without obtaining a driver’s license in the state of alcohol concentration of about 0.135% in the middle of the 1km apartment in the same Dong-dong from the day before the wedding hall in the Dong-dong, Seosan-si. In the same manner, the Defendant driven a motor vehicle without obtaining a driver’s license in the state of alcohol concentration of about 1km.

Summary of Evidence

1. Statement by the defendant in court;

1. To make an inquiry into the details of the drinking control, the notification of the results of the drinking driving control, the statement of the situation of the driver driving, the copy of the notification of the completion of correction, the copy of the register of measuring instruments using drinking, and the register of driver's licenses

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate 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 on the suspended execution;

1. The punishment as ordered shall be determined by taking into account all factors of sentencing specified in the arguments of this case, such as the defendant's age, environment, sex, motive, means and consequence of the crime, circumstance after the crime, etc., such as the observation of protection and community service, community service, and the fact that a criminal record of the same kind of punishment for the reason of sentencing under Article 62-2 of the Criminal Act is several times and reflects

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