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(영문) 대전지방법원 서산지원 2014.09.26 2014고단546
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

[criminal power] On January 20, 201, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 5 million with a fine of KRW 5 million with a charge of violating the Road Traffic Act in the Seosan Branch of the Daejeon District Court on September 1, 201, a summary order of KRW 5 million with the same court on September 1, 201, and a summary order of KRW 7 million with a fine of KRW 2 million with a fine of violating the Road Traffic Act at the Suwon District Court on March 27, 2013, respectively.

【Criminal Facts】

On May 27, 2014, the Defendant, without obtaining a driver’s license on May 27, 2015, driven a B multilateral car from about 1 km section to the front of the least livestock hospital located in the same Ri from the left side of the Taean-gun, Chungcheongnam-gun, Taean-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the alcohol concentration of which is 0.257% under the influence of alcohol.

Accordingly, the Defendant violated this more than twice even though he was unable to drive a motor vehicle under the influence of alcohol, and again driven the said motor vehicle under the influence of alcohol as above.

Summary of Evidence

1. Defendant's legal statement;

1. C's written statement related to traffic accidents;

1. A traffic accident report;

1. Registers of driver's licenses and disqualified meetings of the main office;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Photographss related to traffic accidents;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, and application of each summary order Acts and subordinate statutes attached thereto;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act and Article 59 of the Probation Act, once he/she drives under influence of alcohol without a license even though his/her license was revoked due to drinking.

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