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(영문) 대전지방법원 서산지원 2014.04.04 2013고단848
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 2, 201, the Defendant was issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on June 2, 201, and on July 6, 2012, the same court issued a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act.

【Criminal Facts】

On August 20, 2013, the Defendant, without obtaining a driver’s license on August 20, 2013, driven a B wing-off truck from the front road in front of the 1km-gu, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Sinan-gun, the Sinan-gun, the 0.067% of alcohol content of which is drunk.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Registers of driver's licenses;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (attached to a summary order of the same kind of power);

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

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 mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. have re-licensed driving without a license even though the license was revoked due to drinking driving, and the nature of such crime is not weak;

However, the punishment of this case shall be mitigated and the execution thereof shall be suspended, considering the fact that the defendant was aware of the crime of this case and reflects the mistake in depth, the circumstances leading to the crime of this case and the degree of drinking, the age of the defendant, family relationship, economic circumstances, previous convictions, etc.

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