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(영문) 대전지방법원 2016.07.06 2016고단1021
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

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 May 11, 2010, the Defendant issued a fine of three million won for a violation of the Road Traffic Act (drinking driving) at the Daejeon District Court on July 29, 2010, and became final and conclusive on July 29, 2010. On February 2, 2015, the Defendant issued a summary order of seven million won for a violation of the Road Traffic Act (drinking driving), which became final and conclusive on February 18, 2015.

On March 31, 2016, the Defendant was under the influence of alcohol content of 0.056% in blood without a driver’s license on March 22, 2016, the Defendant driven approximately 200 meters in Bingconced car with approximately 200 meters in front of the North Daejeon Saemaul Undong located in the same Dong at the frontway of the Busan Mountain Community Security Center located in the Jung-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking, driver's license inquiry, and statement report on the situation of the driver;

1. Previous convictions in judgment: Application of inquiry statements, such as criminal history, and investigation reports (three-time drinking)-related 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the same Act, despite the fact that the instant crime has been repeatedly committed, however, despite the fact of the crime committed on seven occasions due to the crime committed the same type, the fact that recognizing the fact of the crime and failing to repeat the crime is likely to be committed, taking into account the age, sex, environment, motive, means,

1. An order to attend a course under Article 62-2 of the Criminal Act;

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