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(영문) 대전지방법원 논산지원 2013.10.15 2013고단272
도로교통법위반(무면허운전)등
Text

1. The defendant shall be punished by imprisonment for six 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 September 21, 2009, the Defendant received a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) in the Hongsung branch of the Daejeon District Court. On April 6, 2013, the Defendant, upon receiving a summary order of KRW 5 million due to a violation of the Road Traffic Act (driving) and having violated Article 44(1) of the Road Traffic Act more than twice. On July 23:10, 2013, the Defendant driven a BScar under the influence of alcohol concentration of KRW 0.12% without a vehicle driver’s license from approximately 200 meters to the front of the convenience store of the “measures” located in the Sinnam-gun branch of the Daejeon District Court.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each Act and subordinate statute entered in each summary order, such as enforcement manual, notification on the results of the crackdown on drinking driving, the ledger of driver's license, criminal history records, etc.;

1. Relevant Article 148-2 (1) 1 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. 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. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are not only twice a fine for drunk driving, but also three times a fine forless driving, and also two times a fine forless driving, and the quality of the crime is not good.

However, it is more favorable that the defendant reflects the crime in depth, and that there is no criminal conviction or more than a suspended sentence.

In addition, considering the overall circumstances revealed in the arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, the probation, community service order and order to attend a lecture as ordered shall be imposed only once.

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