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(영문) 대전지방법원 2014.08.26 2014고단1863
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 October 18, 2012, the Defendant received a summary order of KRW 1 million from the Daejeon District Court to a fine for a violation of the Road Traffic Act, and the summary order of KRW 3 million from the same court on November 7, 2013 to the same crime respectively.

Around 23:00 on April 30, 2014, the Defendant, without a car driver’s license, driven a 3km car from the road front of the Daejeon East-dong Oil Station in Daejeon-dong with a blood alcohol content of 0.145%, to the road front of the same Gu Daedong House.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

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

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

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

1. It shall be decided as ordered for the reason of probation, attending lectures or community service orders under Article 62-2 of the Criminal Act or more;

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