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(영문) 대전지방법원 홍성지원 2015.10.16 2015고단775
도로교통법위반(음주운전)등
Text

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 April 20, 2015, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court. On September 17, 2015, the Defendant was issued a summary order of KRW 4 million for the same crime as the Hongsung branch of the Daejeon District Court.

On August 22, 2015, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice, driven a B-learning car under the influence of alcohol of about 0.204% without obtaining a driver’s license in the section of about 1km from the road in front of the parking lot of Hongsung-gun Hong-gun, Hongsung-gun, Hongsung-gun, to the front day of the transitiony road, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial statement;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 1, 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. 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 on the suspension of execution (Consideration, such as the fact that the defendant is against himself and led to confession, and that the defendant has no record of punishment heavier than that of suspension of execution for the

1. Probation and order to attend a lecture or order to provide community service under Article 62-2 of the Criminal Act;

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