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(영문) 대전지방법원 논산지원 2014.01.07 2013고단401

도로교통법위반(음주운전)등

Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On August 23, 2013, around 17:40 on August 23, 2013, the Defendant driven a ewr automobile owned by the Defendant’s wife while under the influence of alcohol with approximately 3 km alcohol concentration of 0.236% without a vehicle driver’s license from the front of the D’s house located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, to the police box located in the same Myeonsan Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes listed in the report on detection of drivers, the report on circumstantial statements of drivers, and the register of driver's licenses;

1. Relevant Article 148-2 (2) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving without a license") concerning the facts constituting an offense; Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation, community service order and order to attend a lecture, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., 4 times the previous convictions for the sentencing, and the defendant again commits the instant crime six times the previous convictions, and the fact that the blood alcohol level at the time of driving is extremely high is extremely high.

However, it is more favorable that the defendant reflects the crime, the most recent years of driving without a license in 2007, and the most recent years of driving without a license in 2008, and there are no criminal records of suspension of execution or more, and there are some circumstances to consider the defendant as a result of the crime in this case. After the crime in this case, the above vehicle has been scrapped, and the wife of the defendant wanted to dissipately the defendant's wife against the defendant.

In addition, the probation, community service order and family relationship as ordered are comprehensively taken into account the various circumstances shown in the arguments, such as the defendant's age, character and behavior, environment, and family relationship.