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(영문) 대전지방법원 공주지원 2014.03.28 2013고단366
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 March 27, 2013, the Defendant received a summary order of a fine of one million won or more for a violation of the Road Traffic Act in the official housing support of the Daejeon District Court on March 27, 2013, and the same year.

9. The same court received a summary order of 1.5 million won as a fine for the same crime.

On October 29, 2013, at around 22:41, the Defendant driven the Category C Hastren-car without obtaining a driver’s license in the state of alcohol concentration of about 0.086% from the front side of the restaurant in the middle side of the city of Yanju to the front side of the city of Yan-dong in the same city of Yan-si to the front side of the city of Yan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each employer-employed driver's license, each employer-employed driver's license, each report on the status of the employer-employed driver, control manual, and each request for appraisal;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes on criminal records, inquiry reports and copies of each summary order;

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 of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the same as the entry in the grounds for discretionary mitigation);

1. Article 62 (1) of the Criminal Act (the same as the statement of the reasons for the suspended sentence);

1. The reason for sentencing Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., the Defendant received a summary order of each fine for drinking driving more than twice in the year 2013, and the driver’s license was revoked, so far, the Defendant committed the instant crime.

However, the defendant's confessions and reflects on the crime of this case, the result of the blood alcohol measurement was limited to 0.054% at the time of the first crackdown, and the motive leading to the crime of this case, the age, behavior, environment, etc. of the defendant.

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