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(영문) 대전지방법원 2017.04.19 2017고단143
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 25, 2016, the Defendant was sentenced to a fine of five million won due to a violation of road traffic law in the official support of the Daejeon District Court on November 25, 2016. On October 17, 2012, the Defendant was sentenced to a fine of three million won due to a violation of road traffic law (driving of alcohol) at the Suwon District Court.

On December 29, 2016, at around 02:30, the Defendant driven a d-hurbh-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-h-h-h-h-h-h-h-h

Accordingly, the defendant has been driving a motor vehicle under the influence of alcohol more than twice even though he has violated the influence of alcohol driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Detailed details on driver's license:

1. Previous records: Application of Acts and subordinate statutes to inquire into criminal records and report criminal investigations (report on attachment of the same case's judgment);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that an order to attend a lecture is committed again despite two times the criminal records of drinking driving, and the circumstances favorable to the fact that a person committed a traffic accident while driving a motor vehicle without a license under the influence of alcohol: A confession and reflects the fact that the person committed a traffic accident while driving the motor vehicle under the influence of alcohol: The decision of a sentence that all the records of the above crime of drinking driving are fines: The above circumstances are different from the above circumstances, taking into account various conditions of sentencing specified in the argument of this case, such as the defendant's age, sexual behavior, environment, motive

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