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(영문) 대전지방법원 2014.04.04 2014고단559

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six 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

On January 5, 2014, at around 00:54, the Defendant, without a driver’s license, driven a car with Crops in the section of about 3 km of about 0.238 meters from the Do in Seo-gu, Seo-gu, Seo-gu, Daejeon, Gama-ro 25-ro, Gama-dong 379-16, Gama-dong Do to the front of the restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to written circumstantial statements and driver's license inquiry;

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

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

1. Selection of alternative imprisonment with prison labor (to take into account recidivism, high drinking alcohol, and driving distance only three months after the crime of the same kind is committed);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the age of the accused and the attitude of reflectivity);

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (no one or more times of a fine for the same kind and no criminal punishment, and it is obvious that social relationship exists);

1. Article 62-2 of the Criminal Act concerning orders to provide community service and attend lectures;