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(영문) 대전지방법원 2016.12.22 2016고단3455
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Daejeon District Court on August 28, 2007, and a fine of five million won for a violation of the Road Traffic Act at the Daejeon District Court on March 26, 2008 due to a violation of the Road Traffic Act, etc. at the Daejeon District Court on March 26, 2008. The Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Daejeon District Court on December 6, 2010, and a fine of five million won for a violation of the Road Traffic Act at the Daejeon District Court on June 8, 2012.

On July 2, 2016, at around 20:55, the Defendant driven a Bp-car without a driver’s license, under the influence of alcohol leveling of about 0.181% at the 1km section in front of the junopian-dong, Seo-gu Daejeon, Seo-gu, Daejeon, up to the 1km-dong in front of the junopian-dong.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and once again driven the said vehicle without a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driving of a motor vehicle;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes after inquiry;

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. Article 62(1) of the Criminal Act of the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that the defendant is guilty of and against the crime of this case, traffic accidents caused by drinking and unlicensed driving have not occurred, and that there are two children and one wife, etc.) shall be supported by the defendant under normal circumstances favorable to the defendant, such as the records of criminal records in the judgment of the defendant, and that there is a high blood alcohol concentration at the time of the crime of this case, etc. is disadvantageous to the defendant, the defendant's age

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