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(영문) 대전지방법원 홍성지원 2014.05.14 2014고단180
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 February 8, 2014, at around 09:35, the Defendant, as the holder of the Poter Cargo Vehicle B, driven the said cargo vehicle without mandatory insurance at approximately 10km from the 10k section from the Yacheon-dong Daecheon-dong, Yacheon-dong to the front of the Yacheon-dong, Simcheon-dong, Simcheon-do, under the influence of blood alcohol content 0.176% without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The driver's license ledger;

1. Self-return to the enemy;

1. Application of Acts and subordinate statutes referring to mandatory insurance;

1. Relevant statutory driving for a crime: The point of driving without a license under Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act: The point of operating a vehicle which is not mandatory insurance under Articles 152 subparagraph 1 and 43 of the Road Traffic Act: Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act, with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed for a violation of the Road Traffic Act heavier than the punishment);

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a lecture, has a history of being punished several times due to drinking and driving without a license, and on March 29, 2013, the defendant was not aware that he was sentenced to a suspended sentence of two years for six months due to driving without a license, and again committed the crime of drinking driving again.

Although the sentence of the suspended sentence is invalidated due to special amnesty that would lose the effect of the sentence, it is not good that the defendant committed the crime of this case in that it was committed due to the fact that the sentence of the suspended sentence was received by special amnesty.

However, other.

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