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(영문) 대전지방법원 홍성지원 2013.11.22 2013고단916

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

On October 7, 2013, the Defendant, without obtaining the driver’s license at around 20:10 on October 7, 2013, driven B vehicles at approximately 500 meters from the front side of the Hongsung-gun Red Steel in Hongsung-gun, Hongsung-gun, Hongsung-gun, to the front road of the Hongsung-si, Hongsung-gun, Hongsung-gun, Seoul, with drinking alcohol content of 0.180%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the state of his/her oral statement, and electronic documents sent to him/her for drinking, driving, control, and inquiry;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant provisions of Article 148-2 (2) 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a meeting is that the Defendant had not been aware of the history of having been punished on several occasions due to drinking driving or driving without a license, and in particular, the Defendant committed the instant crime of driving without a license without a license under the influence of alcohol, even though he was sentenced to a fine on August 2012 and was sentenced to a fine on one-year basis, and was under the influence of driving without a license under the influence of alcohol, and the Defendant committed the instant crime of driving without a license under the influence of alcohol on October 2013, and the blood alcohol concentration at the time of the instant crime was considerably high by 0.180%. In light of the above, the Defendant needs to have a strict punishment corresponding to his attitude of light of his law.

On the other hand, however, the defendant seems to have recognized the crime of this case and be against the truth, and there is no criminal conviction or punishment beyond the fine, and the distance of driving at the time of the crime of this case.