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(영문) 대전지방법원 2014.09.26 2014고단2709

도로교통법위반(음주운전)등

Text

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

except that 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

On November 10, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Daejeon District Court on November 10, 2009, and a fine of KRW 4 million for a violation of the Road Traffic Act at the Youngcheon District Court on March 30, 2012.

On August 15:10, 2014, the Defendant driven C Leba under the influence of alcohol with approximately 0.192% of alcohol level 0.192%, without obtaining a driver’s license, from the 1683rd 76-8 News or Et. Do in front of the 1683-ro 16-8 News or Et. to the front road of the 1734 Babba, as the Dong-gu, Daejeon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of, and the register of driver's licenses of motor vehicles;

1. Application of Acts and subordinate statutes to inquiry reports;

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. Consideration given to the following facts: Three times of a fine of the same kind for the reason of sentencing under Article 62 (1) of the Criminal Act (recommitting a crime in the last two years and five months); one time of a fine; the higher alcohol level having no past record of criminal punishment; or the occurrence of a traffic accident; and the occurrence of specific risk;