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(영문) 대전지방법원 홍성지원 2018.11.28 2018고단717
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Force” On June 14, 201, the Defendant was sentenced to a suspended sentence of four months for a violation of road traffic laws in the Daejeon District Court’s Red support, etc., and was sentenced to a suspended sentence of two years for the same offense in the same court on August 20, 2014.

【Criminal facts” On February 27, 2018, the Defendant driven a motor device license with approximately 500 meters alcohol concentration at the section of approximately 0.136%, which was driven by the mandatory insurance without obtaining a bicycle license, from the front of the road and the front of the road of approximately 178, south-ro, 178 at the same time, from the front of the road, at approximately 500 meters long before the front of the road of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A traffic accident report (1) a yellow survey report, a traffic accident report (2) a yellow survey report, and on-site photographs;

1. A report on the detection of a driver employed by each owner;

1. Report on internal investigation (to have telephone conversations for witnesses);

1. A written appraisal of alcohol during blood;

1. The driver's license ledger (A);

1. Mandatory insurance (A);

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a reply to inquiries, such as criminal history, copy of the judgment;

1. Article 148-2 (1) 1, Article 44 (1) 2, Article 154 (1) 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operation of an automobile which is not mandatory insurance);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act which is judged with the largest punishment);

1. Selection of imprisonment;

1. Article 53 and Article 55(1)3 of the Criminal Act (see, e.g., Articles 55 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decisions 20

1. The reason for sentencing under Article 62(1) of the Criminal Act (recognating the favorable circumstances considered as the reason for sentencing as follows) is that there was a previous conviction of five drinking alcohol driving or the refusal of measurement of drinking alcohol after 2000, and thus, twice.

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