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(영문) 대전지방법원 홍성지원 2013.07.10 2013고단311
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 19, 2006, the Defendant was sentenced to a suspended sentence of 2 years for the crimes of violation of the Road Traffic Act in the Hongsung Branch of the Daejeon District Court for the purpose of violation of the Road Traffic Act, etc. On August 23, 2012, the Defendant was sentenced to a summary order of 5 million won for the crimes of violation of the Road Traffic Act in the same court on August 23, 2012. On May 17, 2013, the Defendant driving a Cpoter vehicle at approximately 5km in the front of the community center located in the Songcheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Chungcheongnam-gun, Seocheon-gun, Chungcheongnam-gun, and the Defendant was sentenced to a summary order of 5 million won for the crimes of violation of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Statement on the circumstantial statement of the employee;

1. Inquiry into the enemy;

1. The driver's license ledger;

1. Before judgment: References to criminal records and criminal investigation reports (in cases of attaching a copy of judgment related to criminal records of a suspect), the application of statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving without a license" in this Article), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act concerning facts constituting an offense;

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 (Consideration of the following grounds for sentencing, etc.);

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a school, is that the Defendant already committed the instant crime within a period that has been sentenced to two times of suspended execution and four times of fine due to the violation of the Road Traffic Act of the same kind of driving without a license. As such, the Defendant appears to have been under the attitude of lighting the Road Traffic Act, considering that driving without a license for drinking is repeated.

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