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(영문) 대전지방법원 2014.10.31 2014고단3051
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 February 21, 2007, the Defendant was issued a summary order of 700,000 won by a fine for a violation of the Road Traffic Act at the Seoul Central District Court on March 5, 2007. On March 5, 2007, the Defendant was issued a summary order of 1.5 million won by the same court as the same crime. On April 5, 2007, the Defendant was issued a summary order of 3 million won by the same court on April 5, 2007, and on March 22, 2012, the Gwangju District Court sentenced two years of suspension of execution to one year for a violation of the Road Traffic Act by being sentenced to a penalty of 2 years of imprisonment for a violation of the Road Traffic Act at the Gwangju Central District Court on March 30, 2012.

On June 10, 2012, at around 00:30 on June 10, 2012, the Defendant driven a CM5 car from the 162-3rd-dong, Nam-gu, Gwangju, to the road front of the Honam Hospital located in the Donsan-dong, Gwangju, without a driver's license, at approximately 10km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on accident and circumstantial statement of an employer;

1. License register;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (related to the same criminal records);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty: Imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration, circumstances of crimes, home environment, etc.);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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