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(영문) 대전지방법원 홍성지원 2016.03.16 2015고단1243
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, 2007, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of road traffic law (driving alcohol), a summary order of KRW 1,500,000 as a fine for the same crime from the same support on July 6, 2009, and a summary order of KRW 8 million as a fine for the same crime from the same support on July 24, 2014, respectively.

Although the Defendant had been punished twice or more due to the crime of violating the Road Traffic Act (driving) as above, on September 25, 2015, the Defendant driven C Poter under the influence of alcohol concentration of about 0.209% while under the influence of alcohol concentration of 0.209% without obtaining a driver’s license from the front day of the “Seong-Ne YNN” in the budget-invested budget-invested budget-invested budget-invested budget-invested budget-invested on the same day from September 25, 2015 to the front day of 17:07, the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report, the ledger of driver's licenses, a report on detection of a driver with primary driving, and a report on the circumstances of the driver with primary driving;

1. Previous convictions: Application of Acts and subordinate statutes by inquiry results such as criminal history;

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. In full view of the circumstances following the reasons for sentencing under Article 62-2 of the Criminal Act and the Defendant’s age, sex, environment, circumstances before and after the instant crime, etc., the sentence as ordered shall be determined as well as all the conditions of sentencing indicated in the records.

The fact that there is a history of punishment twice for the same crime, the fact that there is a high drinking error, the fact that there is no record of being punished more than the suspension of execution.

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