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(영문) 대전지방법원 2015.11.13 2015고단2949

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for not less than eight 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 November 7, 2013, the Defendant was issued a summary order of 2.5 million won by a fine for a violation of the Road Traffic Act (driving) at the Daejeon District Court on November 7, 2013, and a summary order of 4 million won by a fine at the Incheon District Court on March 6, 2014, respectively.

【Criminal Facts】

On August 18, 2015, the Defendant driven a vehicle C 140-car on the front side of Daejeon Pungdong-dong 204, in a state of alcohol with a blood alcohol concentration of 0.067% without obtaining a driver’s license on August 23, 2015.

Accordingly, the Defendant re-driving a motor vehicle without a driver's license, even though he/she violated the prohibition of drinking without a driver's license more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. The driver's license ledger;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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

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

1. Selection of penalty: Imprisonment;

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

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

1. Order to attend lectures under Article 62-2 of the Criminal Act;