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(영문) 대전지방법원 논산지원 2016.01.15 2015고단572
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

The Defendant was sentenced to a fine of KRW 1,00,000 on June 11, 2007, and a fine of KRW 4,000,000 on January 22, 2015, respectively, as a crime of violation of road traffic law in the Daejeon District Court’s support.

On August 22, 2015, the Defendant driven a motor vehicle under the influence of alcohol of about 0.166% in the blood alcohol concentration, without obtaining a driver’s license, from the front of the Defendant’s house located in Seosan-si D to the front of the wastewater located in the front of the front of the wastewater from the front of the Defendant’s house located in Seosan-si, Seosan-si, to the front of the wastewater from the front of the end of the 45km-gun.

As a result, the Defendant, who committed a violation of the Road Traffic Act without a driver's license at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Inquiries about the results of regulating driving of alcohol, reporting on the circumstances of driving of alcohol, and the register of driver's licenses;

1. Before judgment: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, and a criminal report prepared by a court assistant to the prosecution (Attachment to the same criminal record and summary order);

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;

2. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment).

3. Selection of sentence of alternative imprisonment;

4. Article 62 (1) of the Criminal Act on the suspension of execution.

5. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of Education was that the Defendant was punished several times due to drinking, driving without a license, etc., and the risk of recidivism is not small by driving under drinking, driving without a license, as stated in its reasoning.

However, the defendant does not repeat the crime again, such as the fact that the defendant is prognating the crime in depth, and disposes of the above low-priced car.

The age, sex, environment, etc. of the defendant is hard, and the defendant's age, sex, etc.

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