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(영문) 대전지방법원 서산지원 2014.02.06 2013고단885

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

[criminal power] On December 1, 2006, the Defendant issued a summary order of 2.5 million won for a violation of the Road Traffic Act in Seosan Branch of the Daejeon District Court on December 1, 2006, and a summary order of 4 million won for the same crime in the same court on September 3, 2012, respectively.

【Criminal Facts】

On November 4, 2013, the Defendant, without obtaining a driver’s license at around 21:40, driven a B-learning car in the section of about 2 km from the roads near the Yannam-dong in the Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do to the roads front the Seosan-do, in the same city, under the influence of alcohol content of 0.218%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. Report on the circumstances of driving without a license and written statement on driver’s license;

1. Previous convictions in judgment: Criminal records, investigation reports (former and previous confirmation), and application of Acts and subordinate statutes concerning summary order;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment shall be imposed for a violation of the Road Traffic Act and a violation of the Road Traffic Act);

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. It shall be decided as ordered for the reason of probation, community service and order to attend lectures under Article 62-2 of the Criminal Act or more;