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(영문) 대전지방법원 2014.06.11 2014고단1212
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Attachment relation] In the Daegu District Court Kimcheon Branch on June 17, 2005, the Defendant had a record of being notified of each summary order of KRW 5 million for the same crime in the same court on March 29, 2007 as a fine of KRW 2 million, a fine of KRW 1.5 million, a fine of KRW 2.5 million from the Ulsan District Court on October 5, 2009 as the same crime, and a fine of KRW 5 million from the Daejeon District Court's Branch Branch on July 9, 2012 as the same crime.

【Criminal Facts】

At around 00:00 on March 23, 2014, the Defendant, without a driver’s license, driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act, once again, by driving a motor vehicle at approximately 3 km from the front day of a restaurant where it is impossible to identify the trade name in the Gu-U.S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.S. on the same e.s. B. 0:0 on March 23, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the state of standing and statement, and a written report on the state of drinking drivers;

1. Registers of driver's licenses;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a summary order);

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 with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., grounds for considering the circumstances of the crime);

1. Article 62 (1) of the Criminal Act (The following sentencing grounds shall be taken into account the sentencing conditions under Article 51 of the Criminal Act);

1. An order of education provided for in Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. shall be imposed in consideration of all the following circumstances. favorable circumstances: Crimes are committed.

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