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(영문) 대전지방법원 2015.02.26 2014고단4118
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

On August 27, 2010, the Defendant was issued a summary order of KRW 2 million with fines for a violation of the Road Traffic Act, and a summary order of KRW 4 million with fines for the same crime at the Daejeon District Court on April 21, 2014.

On October 18, 2014, at around 14:21, the Defendant driven a C-hurd motor vehicle under the influence of alcohol content 0.139% without a vehicle driver’s license at a section of approximately 200 meters from the front of the C-hurged B-dong, Daejeon, to the front of the B-hurgian road located in the same Gusandong to the front of the B-hurgic-dong.

Accordingly, the Defendant, without a driver’s license, has violated the provision on prohibition of drunk driving on more than two occasions, driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. A driver's license inquiry;

1. Application of the Act and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (Attachment to the same type of judgment);

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 alternative imprisonment with prison labor (high drinking, majority of the same kind of power, etc.);

1. Article 62 (1) of the Criminal Act on the stay of execution;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

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