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(영문) 대전지방법원 공주지원 2013.11.01 2013고단216

도로교통법위반(음주운전)등

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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 June 15, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in a public order branch of the Daejeon District Court on June 15, 2009. On May 13, 2013, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) in the support branch of the Daejeon District Court.

On June 24, 2013, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven a C-BA car under the influence of alcohol content of about 0.180% without a driver’s license in a section of about 300 meters of alcohol without a driver’s license from around 00:20 on June 24, 2013 to the front day of the PC of the PC-dong Si New-dong, Cheongju-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Application of the statutes on the register of driver's licenses;

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 penalty: Imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da1448, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act ( repeatedly considering the above conditions);

1. An order to attend a course is rendered for not less than Article 62-2 of the Criminal Act;