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(영문) 대전지방법원 2013.04.25 2013고단785
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 May 10, 2007, the Defendant issued each summary order of KRW 1 million to a fine for a violation of the Road Traffic Act at the Daejeon District Court on April 25, 2008, KRW 2.5 million to a fine for the same crime in the same court on April 25, 2008, and KRW 1.5 million to a fine in the same court on May 19, 201.

On February 6, 2013, at around 22:16, the Defendant driven a motor vehicle without a driver's license, under the influence of alcohol level of about 0.119% from around 500 meters from the front of the factory in which it is impossible to find out the trade name in the Song-gu Incheon Metropolitan City, Daejeon, to the front road of the Sudong-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of state of drivers, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records and application of each 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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;

1. Determination of the sentence like the order shall be made in consideration of the fact that there are three previous convictions of the same kind and the drinking volume of the sentence under Article 62-2 of the Criminal Act, and the sentence is not written, considering the fact that the defendant has no criminal records of the suspension of execution or more, and that the defendant is willing not to repeat the crime in the future while he seriously reflects the fact, etc.

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