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(영문) 대전지방법원 2014.04.03 2014고단382
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 one year from the date of the final judgment.

Reasons

Punishment of the crime

[criminal power] On June 27, 2008, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Daejeon District Court, and a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act at the Daejeon District Court on March 24, 2009.

【Criminal Facts】

On January 17, 2014, at around 07:59, the Defendant, without obtaining a driver’s license, driven a cknife car with approximately 500 meters of cknife cknife from the front side of the water clife in the Seo-gu, Seo-gu, Seoul Metropolitan City to the front side of the steering floor of the water cnife clife in the same Gu, under the influence of alcohol content of 0.110%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in the judgment: Unauthorized statements of disposition, results of confirmation, copies of summary orders, and application of Acts and subordinate statutes to inquire results;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. provides that the defendant, who has the same record as the sentencing grounds, once again drives without a license for drinking alcohol, shall be deemed to have poor quality of the crime;

However, the punishment as ordered shall be determined by considering favorable circumstances, such as the fact that the defendant's mistake is recognized, the fact that there is no criminal record exceeding the fine, the fact that there is a family member to be supported, and other circumstances which form conditions for the sentencing, such as the character, conduct and environment of the defendant.

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