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(영문) 대전지방법원 공주지원 2015.04.24 2015고단23
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On November 17, 2006, the defendant was issued a summary order of KRW 2.5 million for the violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed Driving) in the Daejeon District Court Seosan Branch of Daejeon District Court on November 17, 2006, and on June 5, 2012, the summary order of KRW 5 million was issued for the same crime.

[Criminal] On December 27, 2014, at around 17:33, the Defendant driven Bone Star Cornex under the influence of alcohol leveling 0.131% without a car driver’s license from the front parking lot in front of the knives restaurant located in the Geumnam-si, Giju-si to the roads adjacent to the knives of the knives of the same Si-si, the 1km away from the parking lot in front of the knives of the knives restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on a drinking driver, the inquiry into the results of the crackdown on drinking driving, the notification of the results of the crackdown on drinking driving, and the details of crackdown;

1. Registers of driver's licenses;

1. Sovereign photographs;

1. Previous records of judgment: Application of criminal records, inquiry reports, and investigation reports (not less than twice a sound record) Acts and subordinate statutes;

1. Relevant provisions of Article 148 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following factors favorable to the accused among the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Articles 59 and 62 of the Act on Probation, etc. have the record of criminal punishment of fines for the same crime as the crime of this case, and there is also a record of criminal punishment of fines for three times for violent crimes.

Nevertheless, the defendant has committed the crime of this case again, and in light of such criminal records, the defendant shall be punished by a fine.

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