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(영문) 대전지방법원 2017.06.28 2017고단1515
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 26, 2010, the Defendant was sentenced to a fine of three million won due to a violation of road traffic laws at the Daejeon District Court on March 26, 201, and was sentenced to a fine of two million won on November 22, 2010, and was sentenced to a fine of two million won or more for the same crime at the same court on November 22, 2010.

Nevertheless, around 01:05 on April 1, 2017, the Defendant driven approximately 5 km from the frontway of the influent restaurant located in the Seo-gu Daejeon-gu Daejeon-dong to the frontway of the Vietnam Mailing Hospital located in Daejeon-dong Daejeon-dong, Daejeon-dong, Daejeon-dong, without obtaining a vehicle driver's license, while driving a B Rap car with alcohol content of about 0.101% under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) 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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act for protection and observation and attending lectures: Two times the criminal records of drunk driving, or three times the criminal records of unlicensed driving: The confession and rebuttal;

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