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(영문) 대전지방법원 홍성지원 2014.01.21 2013고단1028
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 November 3, 2013, at around 18:43, the Defendant driven a e-dred drive with 0.075% alcohol concentration without a vehicle driver’s license from around 3km section from the front of the Defendant’s house located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do to the front day of the old market located in the same gamnia, to the front day of the old market located in the same gamnia.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Investigation report (official application of the Ba mark);

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 43 of the Road Traffic Act;

1. Punishment for a violation of Articles 40 and 50 of the Criminal Act of the 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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, is that the Defendant had not been well aware of the past two times of punishment due to drinking driving, and even if he had been sentenced to a fine of five million won or more due to drinking driving on May 30, 2013, the Defendant, in light of the following: (a) on November 3, 2013, when his driver’s license was revoked and was sentenced to a fine of five million won due to drinking driving on May 30, 2013, the Defendant is still under the influence of drinking driving on a non-license without obtaining a license for more than five months; and (b) on November 3, 2013, there is a need for

On the other hand, however, the fact that the defendant seems to have led to the confession of the crime of this case and to be against the truth, that the defendant does not have a criminal record or punishment for the same kind of crime or punishment beyond the fine, that the blood alcohol concentration of the defendant is relatively insignificant at the time of the crime of this case, and that the vehicle used by the defendant for the crime of this case

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