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(영문) 대전지방법원 2016.06.10 2016고단1176
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On May 26, 2015, the Defendant issued a summary order of KRW 4,000,000 for a crime of violating the Road Traffic Act at the Daejeon District Court on May 26, 2015, and on January 26, 2016, the Defendant violated the prohibition of drinking, such as receiving a summary order of KRW 5,00,000 for a crime of violating the Road Traffic Act (driving) at the Daejeon District Court on February 26, 2016.

Nevertheless, on April 16, 2016, the Defendant, without obtaining a driver's license for a motor vehicle on April 16, 2016, driven a B car free of approximately 2km from the area of approximately 2km to the front day of the west-gu Daejeon Park located in the cultural Dong in Daejeon-gu, Daejeon, with a alcohol content of 0.125% while under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the result of regulating driving of drinking alcohol;

1. Entry into the ledger of driver's licenses;

1. Application of Acts and subordinate statutes entered in the investigation report (Attachment of the same summary order);

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. 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 Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Taking into account the following factors: (a) driving in a three-time short term on the grounds of sentencing under Article 62(1) of the Criminal Act; and (b) having no record of crimes other than fines twice; and (c) reflectivity, etc.

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