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(영문) 대전지방법원 2014.03.11 2013고단4499
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 1, 2010, the Defendant was punished by a fine of 1.5 million won for a violation of the Road Traffic Act at the Daejeon District Court on November 1, 201, and a fine of 2 million won by the same court on May 22, 2013, respectively.

On October 27, 2013, at around 22:30, the Defendant driven a B-purd vehicle with the blood alcohol concentration of about 0.117% without a car driver’s license at a section of approximately 500 meters in front of the East Sea Center located in the same Dong from the Do in front of the Daejeon Seodong X-dong, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and a driver's license inquiry;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (including each attachment order);

1. Relevant provisions of Article 148-2 (1) 2, 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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (including the fact that the distance of driving is not long, the provision of drinking alcohol, the fact that there is no punishment imposed by the defendant heavier than the fine, the fact that the defendant is against the mistake, etc.);

1. Article 62 (1) of the Criminal Act (the foregoing sentence shall be taken into consideration in light of the circumstances);

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;

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