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(영문) 대전지방법원 홍성지원 2014.11.14 2014고단493

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not more than ten 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 April 23, 2007, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on April 23, 2007; on February 9, 2009, a fine of 3 million won for a violation of the Road Traffic Act (driving) at the Hongsung Branch Branch of the Daejeon District Court on February 9, 2009; and on April 14, 2010, to a suspended sentence of 1 year for the same crime.

On September 12, 2012, the Defendant, without obtaining a driver’s license at around 21:55 on September 21, 2012, driven BMF5 car from the friend friend friend friend friend friend friend friend friend friend friend from the friend friend friend friend fri

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the control of drinking driving;

1. Statement under circumstances;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries and replies to inquiries, such as criminal records;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act for probation, community service order, and order to attend a lecture are as follows: (a) a fine of one million won for a drunk driving in 2005; (b) a fine of one million won for a drunk driving in 2007; (c) a fine of one million won for a drunk driving in 2009; and (d) a fine of one million won for a drunk driving in 2009; and (c) a fine of one year for a suspended sentence in 2010; and (d) a fine of one year for a drunk driving in 2010; and (e) a fine of one year for a suspended sentence in 6 months for a drunk driving in 2010 for one year and 5 months after the suspended sentence was imposed. However, the defendant should be punished with strict punishment.