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(영문) 대전지방법원 2015.01.29 2014고단3954

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six 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

On March 12, 2012, the Defendant issued a summary order of KRW 3 million as a crime of violation of the Road Traffic Act at the Daejeon District Court on March 12, 2012, and on August 24, 2012, the Defendant issued a summary order of KRW 5 million as a crime of violation of the Road Traffic Act in the official capital support of the Daejeon District Court on August 24, 2012.

On October 31, 2014, at around 20:00, the Defendant, without a driver’s license, driven C Poter in a section of about 200 meters prior to the arrival of the primary indoor landscaping in the Gu, where the blood alcohol concentration of 0.110% is under the influence of alcohol without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (Attachment to a summary order of the same kind of power);

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 imprisonment with prison labor chosen;

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

1. Taking into account all the conditions of sentencing, including: Two times a fine of the same kind as the reasons for sentencing under Article 62(1) of the Criminal Act; one-time a fine of different type; drinking alcohol; driving distance; Defendant’s age and occupation; character and conduct;