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(영문) 대전지방법원 논산지원 2016.11.29 2016고단521
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

[criminal power] On July 30, 2010, the Defendant received a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act at the Cheongju District Court on July 30, 201, and a fine of KRW 2 million as the same crime at the Daejeon District Court on April 18, 201.

【Criminal Facts】

On August 6, 2016, around 21:10, the Defendant driven a B Tworkhouse with a blood alcohol concentration of 0.188% under the influence of alcohol without obtaining a driver’s license from a section of about 500 meters from the 500-meter radius to the front road of the Haakdong cafeteria, which is located in the Yari-si, Yari-si, Yari-do.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on the results of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. The driver's license ledger;

1. Previous records of judgment: Application of criminal records, inquiry reports (a copy of the previous and summary order attached) and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act requires strict punishment in that the defendant again committed the instant crime even though he/she had the record of serving several punishments for the same kind of crime.

However, considering the fact that the defendant reflects the mistake, the blood alcohol concentration (0.188%) of the defendant at the time of driving, and other sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, criminal records, criminal records, circumstances before and after the crime, etc., the punishment as ordered shall be determined.

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