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(영문) 대전지방법원 천안지원 2015.03.20 2015고단92
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 9, 2015, at around 04:57, the Defendant driven a CKan-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k

Summary of Evidence

1. Defendant's legal statement;

1. Each entry of the report on the control of drinking driving and on the circumstantial statement;

1. Entry in the register of driver's licenses;

1. Application of the respective visual Acts and subordinate statutes to drinkers, photographs, sites, and vehicle photographs;

1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Punishment for a violation of Article 40 or 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order has a history of serving a sentence of punishment several times in the past, and even though there was a history of punishment for drinking or driving without a license, it is necessary to strictize the defendant in that he/she committed a crime of drinking or driving without a license.

However, the drinking volume of the crime of this case is relatively high, and the defendant reflects his mistake, and his family and relative want to take the defendant's wife.

In addition, the identification of the defendant is making thorough attention so that the defendant does not drive the illegal vehicle again.

In addition to these circumstances, the execution of sentence shall be suspended only once because it is considered to be somewhat harsh to place the defendant responsible for supporting the child under the circumstances of difficult home.

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