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(영문) 대전지방법원 서산지원 2014.10.02 2014고단643

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

[Criminal Power] On May 19, 201, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on May 19, 201, and was sentenced to a fine of five million won for the same crime in the same court on November 26, 2013.

【Criminal Facts】

On June 19, 2014, at around 22:06, the Defendant driven a rocketing car under the influence of alcohol content of 0.06% without obtaining a driver’s license in the section of approximately 1 km from the front of the Corer cafeteria cafeteria in Seosan-si, Seosan-si to the front of the water-to-passing road in the same city.

As a result, the Defendant violated the prohibition of drunk driving more than twice, but drives a motor vehicle while under the influence of re-driving, and simultaneously drives a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, the register of driver's licenses, and disqualified meetings of the main office;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

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;

1. The reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order include the fact that the defendant had been punished twice for the same crime, even though he had a previous conviction, driving again under the influence of drinking again, and the conditions of the sentencing specified in the records and arguments of this case shall be