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(영문) 대전지방법원 논산지원 2014.10.17 2014고단353
도로교통법위반(무면허운전)등
Text

1. The defendant shall be punished by imprisonment for four months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On July 20, 2014, around 22:55, the Defendant driven a B-hand car with a blood alcohol concentration of 0.153% under the influence of alcohol without a vehicle driver’s license from the 4km section of about 594 km to the front road of the Japanese Department of Business located in 594, Seosan-si, Seosan-si, Seosan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each Act and subordinate statute entered in the register of driver's licenses for driving under drinking control;

1. Relevant Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for the sentencing of Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Incompetence] is that: (a) a person who has been subject to a summary order of a fine of 6 million won on August 30, 2013 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes, and a violation of the Road Traffic Act, has not been subject to one year thereafter; and (b) a person who has been subject to a suspended sentence of two or more times, and a person who has been subject to a suspended sentence of two or more times is against the law of the Aggravated Punishment, etc. of Specific Crimes

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