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(영문) 대전지방법원 서산지원 2016.09.08 2016고단301
도로교통법위반(음주운전)등
Text

1. The punishment of the defendant shall be determined by six months;

2. Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On July 18, 2014, the Defendant issued a summary order of KRW 2 million from the Seosan Branch of the Daejeon District Court to a fine of KRW 1,00,000 as a violation of the Road Traffic Act (unlicensed Driving) and a fine of KRW 4,00,000 as a violation of the Road Traffic Act (driving on May 1, 2013), and a fine of KRW 3 million as a violation of the Road Traffic Act (driving on February 8, 2007).

On March 16, 2016, the Defendant was a person with two or more times of drinking driving skills. On March 16, 2016, the Defendant was under the influence of alcohol 0.190% of alcohol level without obtaining a driver’s license, and was driving a vehicle of approximately five km from the front of the Jin-si to the road near the same sloping.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of state of drivers, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal history records, inquiry reports, and statutes;

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. 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. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (no record of punishment exceeding a fine);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

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