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(영문) 대전지방법원 2018.02.19 2017고단3257
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 February 1, 2008, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating the Road Traffic Act at the Daejeon District Court on February 1, 2008, and was sentenced to a fine of 4 million won on September 21, 2015 by the same court on September 21, 2015.

Nevertheless, on June 29, 2017, the Defendant driven Csch Rex driver's vehicle in the drunken state with approximately 400 meters alcohol concentration of 0.070% in alcohol level from the parking lot of the Daejeon-dong Labor Welfare Corporation, Daejeon-gu, Daejeon to the roads in front of the same Jung-ri market without obtaining a driver's license from the parking lot of the Daejeon-dong Office to the roads in front of the same Jung-ri market.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver at home, report on the detection of the driver at home, and report on the situation of the driver at home;

1. Investigation report (report on the situation of the driver in charge); and

1. An explanatory note;

1. A written request for blood appraisal and a written appraisal of alcohol during blood transfusion;

1. Report on the circumstances of driving without a license;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (a).

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 Act on the Suspension of Execution (Article 62(1) of the Criminal Act (Article 62(1) of the Criminal Act provides that under the favorable circumstances to the defendant, five times (two times in 2003, one time in 2004, one time in 2008, one time in 201 in 2015, and one time in 2015) that the defendant has been punished for a drinking crime including the record of the criminal record as stated in the judgment of the defendant, and that the crime of the crime of the instant case is light in light of the risk of repeated driving of drinking.

It is not possible to do so, and the defendant commits the same and different crimes.

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