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(영문) 대전지방법원 천안지원 2017.05.25 2017고단431
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Attachment of a crime violating Article 44 (1) of the Road Traffic Act at least twice] The Defendant was sentenced to a fine of KRW 700,000 on January 25, 2007 to a violation of the Road Traffic Act at the Seoul Northern District Court on June 13, 2008, a fine of KRW 2 million on June 13, 2008, and a fine of KRW 5 million on August 19, 2009 due to a violation of the Road Traffic Act at the Seoul East District Court on the Dong Branch of Seoul District Court on August 19, 2009, and a fine of KRW 5 million on August 2, 201, and a violation of the Road Traffic Act at the Jungbu District Court on November 2, 2015, and was sentenced to a summary order (or a summary order).

[2] On November 28, 2016, the Defendant driven a coo vehicle in the section B of about 10 meters at the front of a restaurant in which the trade name in the Seongbuk-gu, Seocheon-gu is unknown while under the influence of alcohol 0.092% in the blood alcohol level without obtaining a driver’s license on November 28, 2016, and the Defendant driven a coo vehicle in the section B of about 10 meters in front of the restaurant in which it is difficult to identify the trade name in the Seongbuk-gu, Seocheon-gu.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. A written statement;

1. Report on the crackdown on drinking drivers, report on the results of the crackdown on drinking driving, and report on the circumstances of the driver;

1. Relevant photographs;

1. Registers of driver's licenses (the record of crimes violating Article 44 (1) of the Road Traffic Act not less than twice);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances shall be considered for the reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Taking into account the reasoning of sentencing under Article 62-2 of the Criminal Act, the circumstances leading to the detection of drinking alcohol, the driving distance, the records of criminal punishment for drinking drivers, and the fact that the Defendant was punished by a fine except for a suspended sentence imposed in 2008.

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