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(영문) 대전지방법원 천안지원 2015.07.07 2014고단1812
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 September 22, 2014, the Defendant received a summary order of a fine of three million won for a violation of the Road Traffic Act (driving without a license) from the Daejeon District Court's Branch on September 22, 2014. On January 28, 2013, the same court received a summary order of one million won for a violation of the Road Traffic Act (driving without a license) from the same court around January 28, 2013. On April 16, 2012, the same court received a summary order of five million won or more for a violation of the Road Traffic Act (driving with a fine of five million won or more.

On November 12, 2014, at around 22:05, the Defendant driven a B-type car with a blood alcohol concentration of about 0.182% while under the influence of alcohol without obtaining a driver’s license from the 1km section to the front road of the Dong National Bank, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment reports of judgment) 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 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 (In cases of the same kind of force, consideration shall be given to the absence of criminal punishment exceeding a fine);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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