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(영문) 대전지방법원 2015.10.07 2015고단2285

도로교통법위반(음주운전)등

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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 March 5, 2014, the Defendant issued a summary order of a fine of four million won for a violation of the Road Traffic Act in the official capital support of the Daejeon District Court on March 5, 2014, and on May 15, 2015, the Defendant had a record of having been issued a summary order of a fine of four million won for the same crime in the same court.

On June 15, 2015, the Defendant, without obtaining a driver’s license at around 05:21 on June 15, 2015, driven a vehicle of approximately 500 BTE xG (XG) on the roads front of the Daejeon Western-dong 56-8, Seo-gu, Daejeon, Seo-gu, Daejeon, with a drunk alcohol content of 0.130%.

Accordingly, the defendant violated the Road Traffic Act by driving without a license, while driving under the influence of alcohol more than twice, and again driving under the influence of alcohol again violates the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual status of a host driver;

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

1. Statement on unauthorized License;

1. Previous convictions indicated in judgment: Criminal records and application of each summary order;

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. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;