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(영문) 대전지방법원 2014.08.29 2014고단1888
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On August 22, 2008, the Defendant issued a summary order of KRW 1 million at the Gwangju District Court on July 17, 2013, which was sentenced to a fine of KRW 5 million due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Driving) and a violation of the Road Traffic Act (Dangerous Driving). On October 16, 2013, the Defendant was sentenced to a suspended sentence of KRW 2 years for a violation of the Road Traffic Act (Dangerous Driving) at the Cheongju District Court.

On May 1, 2014, the Defendant, while under the influence of alcohol 0.170% without a driver’s license at around 03:50 on May 1, 201, driven a DNA-type car at the 1km section from the 62-lane back to the 82-lane front of the Daejeon Pung-gu University, Daejeon, to the 82-lane ahead of the KT agency.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Application of Acts and subordinate statutes to inquiries, such as criminal records, references to dispositions, dispositions, and reporting of confirmation;

1. Relevant provisions of Article 148-2 (1) 1, 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. The punishment is currently being suspended in the course of the trial proceedings, in particular, since the previous level of punishment does not have the effect to discontinue the crime against the defendant in terms of the special preventive effect of punishment under Article 53 and Article 55 (1) 3 of the Criminal Act, two times of the same suspended sentence, five times of a fine for the same kind, one time of a suspended sentence (209), 12 times of a fine for this case, and one year prior to the crime, without being aware of a fine or a suspended sentence being sentenced by a fine or a suspended sentence after having already committed two times or more or more in the higher drinking volume for the same year.

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