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(영문) 대전지방법원 홍성지원 2018.05.02 2018고단139
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 24, 2013, the Defendant received a summary order of KRW 3 million for a crime of violating road traffic law in the Daejeon District Court's red support on September 24, 2013, and a summary order of KRW 3 million for a crime of violating road traffic law in the same court on September 6, 2017, respectively.

Criminal facts

On February 9, 2018, around 21:31, 2018, the Defendant driven B Obain without obtaining a bicycle license with alcohol content of about 0.090% from a section of approximately 1km to a military fluent road located in the head of Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: A inquiry letter, such as criminal history, (A), investigation report (verification of the same record as the suspect), and application of summary order statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), subparagraph 2 of Article 154 and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Traffic Act of a road with heavier punishment);

1. Selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the fact that mistake is recognized and reflected, the fact that there is no record of punishment exceeding a fine, and that there is no good health and economic situation);

1. The community service order under Article 62-2 of the Criminal Act;

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