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(영문) 대전지방법원 홍성지원 2013.11.12 2013고단805
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 9, 2009, the Defendant was sentenced to a fine of KRW 2 million for a violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court on March 9, 2009, and a person who was sentenced to a fine of KRW 4 million for the same crime in the same court on December 18, 2012.

On August 8, 2013, the Defendant, without obtaining a driver’s license on August 15, 2013, driven a C- carrying vehicle from the 32-16-way from the beginning of the Si of Seocheon-gun, Chungcheongnam-gun, Chungcheongnamcheon-gun to the front line of a process in the military welfare of Seocheon-gu, Chungcheongnamcheon-gun, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses (record No. 15-16 pages);

1. Previous convictions in judgment: Application of inquiry requests, such as criminal records, and other 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. 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. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a meeting, has already been punished on several occasions due to drunk driving or non-licensed driving, and the defendant has already committed the crime of non-licensed driving of this case at the same time. In particular, on December 6, 2012, when driving without a license on July 1, 2013, the defendant was under control and was under control, but only one month thereafter, the defendant committed the crime of non-licensed driving of this case on August 8, 2013. In addition, the defendant was summoned from the prosecutor's office due to the crime of non-licensed driving of this case, and was under influence without a license until the prosecutor's office.

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