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(영문) 대전지방법원 2018.12.21 2018고단3637
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

[criminal history] The defendant is a person who had a record of punishment of a fine of KRW 2.5 million for a violation of road traffic law at the Cheongju District Court on September 22, 2006, for a violation of road traffic law (drinking) at the Daejeon District Court on March 7, 2008, for a violation of road traffic law (dacting) at the Daejeon District Court on March 7, 2008, for a violation of road traffic law (dacting), and on May 8, 2018, for a violation of road traffic law (dacting) at the same court.

[2] On October 9, 2018, at around 05:35, the Defendant: (a) driven a car while under the influence of alcohol content of about 0.115% without obtaining a driver’s license from a section of about 1km from the front of the rack building in the Taedong-gu Daejeon Daejeon Metropolitan City to the front of the west-gu, Daejeon Metropolitan City; and (b) driven a car.

Accordingly, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of driving more than twice without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver who is placed in driving and photographs showing drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous confirmation of such past history);

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

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 stay of execution (Article 62 (1) of the Criminal Act on the grounds that the defendant has been punished four times due to drinking, but the quality of the crime is not somewhat weak as he/she drives under a license without permission even though he/she has the history of serving four times due to drinking, but the defendant reflects his/her mistake and has no history of serving

1. It is so decided as per Disposition on the grounds of protection observation and community service order under Article 62-2 of the Criminal Act or more;

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