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(영문) 대전지방법원 2016.07.15 2016고단1284
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 02:40 on March 23, 2016, the Defendant, without a driver’s license, driven the DMW car about 5 km from the mountain-ro 95, Seo-gu, Daejeon, Seo-gu, Seo-gu, Daejeon, to the front of the University Hospital of the University Hospital 629-5 U.S., U.S., U.S. 629-5, U.S. 201.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

1. A report on the circumstances of the driver at home;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Decision on the punishment that a person makes a confession and reflects on the fact that he/she once twice the criminal records of drinking driving, seven times the criminal records of driving without a license, and that he/she makes a driving under the influence of drinking and without a license even though he/she once gets involved in the driving without a license: The court shall take into account various sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, according to the aforementioned circumstances

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