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(영문) 대전지방법원 공주지원 2014.05.13 2014고단27
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the defendant shall be sentenced to the above punishment for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 28, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act, KRW 2 million as a fine for the same crime in the same court on March 2, 2009, and KRW 5 million as a fine for the same crime in the same court on November 4, 2013.

On December 8, 2013, the Defendant driven B low alcohol leveling 0.051% of alcohol leveling at approximately 50 meters from the front day of the water of the Mask-si, Mask-si, Mask-si, Mask-si, Mask-si to the front day of the Mask-si, Mask-si, Mask-si, Mask-si, Mask-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of drinking drivers, driver’s license inquiry, inquiry into the results of the control of drinking driving, report on detection of drinking drivers, report on the state of drinking drivers, and details of control; and

1. Previous records: Application of criminal records, investigation reports (suspects' previous records and reports on the confirmation of criminal facts) and Acts and subordinate 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. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., circumstances favorable to the accused among the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Considering Circumstances favorable to the accused among the following reasons for sentencing):

1. The reason for sentencing under Article 62-2 of the Criminal Act and Articles 59 and 62 of the Act on Probation, etc. is that the Defendant again committed the instant crime without obtaining a driver’s license even though he/she had a history of criminal punishment several times for violating the Road Traffic Act, and thus, it is inevitable to choose a sentence.

Specific term of punishment shall be fixed to the defendant.

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