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(영문) 대전지방법원 홍성지원 2013.10.25 2013고단752
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On May 28, 2010, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Hongsung Branch of the Daejeon District Court on May 28, 2010, and was sentenced to a fine of KRW 1 million for the same crime in the same court on February 9, 2009, and was sentenced to a fine of KRW 7 million for the same crime in the same court on October 29, 2007. On August 29, 2007, the Defendant was sentenced to a fine of KRW 70,000 for the same crime. On August 30, 2013, the Defendant was driving Do at the entrance of 2 km from the Do in front of the Handong-dong, Hancheon-dong, Seocheon-dong through the Do in front of the Hancheon-dong, Hancheon-dong, without obtaining a blood alcohol level of KRW 0.118% alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Registers of driver's licenses;

1. A report on investigation (as to the distance of driving and the amount of fine);

1. Previous convictions in judgment: Application of inquiry requests, such as criminal records, and other Acts and subordinate statutes;

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. 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. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);

1. The reason for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture, is that the Defendant has already been punished by a fine on three occasions due to drunk driving, but has not been aware of the fact that he had already been punished for three times due to his drunk driving, and that he has been under the influence of driving with his driver’s license revoked due to his drunk driving and has a sense of driving without a license.

However, the defendant is the case.

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