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(영문) 대전지방법원 2015.08.18 2015고단1571
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 December 13, 2010, the Defendant received a summary order of KRW 2 million from the Daejeon District Court due to a violation of the Road Traffic Act (driving) and a summary order of KRW 700,000 as a fine in the same court on October 5, 2007, respectively.

On May 5, 2015, at around 21:46, the Defendant driven a motor vehicle from the front of a mutually unclaimed restaurant in the Daejeon Seodong-dong to the front road of the Daejeon Seodong-dong 203-dong Seodong-dong 203-dong, without obtaining a driver's license, while under the influence of alcohol 0.064% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of criminal records and investigation reports (former and previous records)-related Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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. It is decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act regarding orders to attend lectures and community service orders;

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