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(영문) 대전지방법원 천안지원 2014.07.03 2014고단576
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 17, 2008, the Defendant was sentenced to a summary order of two million won or more as a crime of violation of the Road Traffic Act at the Suwon District Court, and a summary order of five million won or more as a fine at the Seoul East East District Court on June 29, 2012, and was punished twice or more as a crime of violation of the Road Traffic Act.

On April 5, 2014, at around 04:45, the Defendant driven a B-car under the influence of alcohol content of 0.09%, without obtaining a driver’s license, from the road located at the sugar in Asan City, to the road at a point 16.4km in Pyeongtaek-si in Gyeonggi-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the register of driver's licenses, the status of driving without a license, and a report on the state of driving without a license;

1. Previous convictions indicated in judgment: Criminal records, inquiry reports, investigation reports (Attachment of the same summary order), and application of Acts and subordinate statutes of the 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 imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act ( considered that there is an peny in depth);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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