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(영문) 대전지방법원 서산지원 2014.01.09 2013고단691
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 4, 201, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Seosan Branch of the Daejeon District Court on August 4, 201, and a fine of three million won for a violation of the Road Traffic Act (driving on September 22, 201) in the said court.

【Criminal Facts】

On August 22, 2013, at around 23:10, the Defendant driven a B gallon vehicle with a blood alcohol content of at least 0.213% while under the influence of alcohol without obtaining a driver’s license from a section of approximately 500 meters in front of the Dalchop district located in the Dong-dong, Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-do., the Defendant driven a B gallon vehicle with a blood alcohol content of 0.213%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. Report on the situation of driving without a license, and a driver’s license inquiry;

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

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

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment shall be imposed for a violation of the Road Traffic Act and a violation of the Road Traffic Act);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (including the fact that a probation, etc. is recognized and contradictory to it);

1. It shall be decided as per Disposition for the reason of probation, community service, or lecture attendance order under Article 62-2 of the Criminal Act or more;

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