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(영문) 대전지방법원 2017.07.20 2017고단1855
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 November 1, 2010, the Defendant was issued a fine of KRW 2.5 million as a crime of violating road traffic law (drinking driving), and a fine of KRW 5 million as a crime of the same offense at the Daejeon District Court on November 12, 2015, respectively.

On April 30, 2017, the Defendant driven C sm7 vehicle under the influence of alcohol content of 0.116% while under the influence of alcohol without obtaining a driver’s license from the front of the National Bank located in Seo-gu Daejeon, Seo-gu, Daejeon to the front road of the “Ysan Pream Zone” located in the same Dong from around 4km.

As a result, the Defendant violated the prohibition of drinking at least twice, and once again, driven a motor vehicle without obtaining a driver's license in a drunken state in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Inquiries about the results of crackdown on drinking driving;

1. An explanatory note;

1. The driver's license ledger;

1. Previous convictions in judgment: Results of inquiry, such as criminal history, investigation report (Attachment of the same criminal record and summary order) - Application of the summary order three 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 Code of the Suspension of Execution (Article 62(1) of the Criminal Code provides that the defendant has been punished for driving under drinking (Article 62(1) of the Criminal Code (Article 62(1) of the Criminal Code) (Article 62(1) of the Defendant’s Criminal Code (Article 62(1) of the Defendant’s Criminal Procedure Code) (Article 62(1) of the Defendant’s Criminal Procedure Code provides that the Defendant has no criminal record of suspension of execution or heavier punishment due to the same crime, and no traffic accident due to driving under this case’s without a license shall occur in favor of the Defendant, including the criminal record of driving under the judgment of the Defendant.

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