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(영문) 대전지방법원 2014.07.04 2014고단1428

도로교통법위반(음주운전)등

Text

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 May 14, 2008, the Defendant was sentenced to a suspended sentence of 8 months by imprisonment for a violation of the Road Traffic Act, etc. at the Suwon District Court on May 14, 2008, and a fine of 3 million won by a fine at the Daejeon District Court on November 22, 2010.

On April 17, 2014, at around 23:35, the Defendant driven a clater under the influence of alcohol concentration of about 0.153% without a vehicle driver’s license, from around 800 meters away from the Do in front of the profit-making flive water flick-gun, Chungcheongnamsan-gun to the front road of about 11, the Defendant driven a clater under the influence of alcohol concentration of about 0.153% without a vehicle driver’s license.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report and photographs;

1. A written report on job placement and circumstances;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports and investigation reports (a copy, etc. of judgment);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 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. Article 62-2 of the Criminal Act to provide community service or attend lectures;