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(영문) 대전지방법원 2014.06.02 2013고단3993

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

In the Daejeon District Court on June 2, 2004, the Defendant has been sentenced to a fine of one million won for a violation of the Road Traffic Act (driving without a license) at the Daejeon District Court on March 4, 2005, a fine of two million won for the same crime in the same court on March 4, 2005, a fine of one million won for the same crime in the astronomical Support on February 8, 2007, a fine of three million won for a violation of the Road Traffic Act (driving without a license) at the Daejeon District Court on December 22, 2008, as a fine of three million won for a violation of the Road Traffic Act (driving without a license) at the Daejeon District Court on January 9, 2012, and on February 13, 2012, the same court has been sentenced to a fine of three million won for a violation of the Road Traffic Act (driving without a license).

On June 8, 2013, the Defendant, without obtaining a driver’s license at around 21:50 on June 21, 2013, driven a c1 ton truck in the section of approximately 50 meters from the front of the cafeteria Dong, Seosung-dong, Daejeon, “Seuri Sea State,” in the state of alcohol with a blood alcohol concentration of 0.123%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the result of the drinking driving control, and that of driver's license inquiry;

1. Application of Acts and subordinate statutes to criminal records;

1. Relevant provisions of Article 148-2 (1) 2, 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 imprisonment with prison labor chosen;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., that the distance of driving is not long, that the distance of driving is against the mistake, and that the defendant's health status is not good);

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62 (1) of the Criminal Act (the above regular consideration) is above;