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(영문) 대전지방법원 천안지원 2014.02.20 2013고단1123
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 June 12, 2008, the Defendant was punished by a fine of two million won or more due to a violation of the Road Traffic Act in Seosan Branch of the Daejeon District Court on June 12, 2008, and on April 22, 2010, by a fine of three million won or more due to a violation of the Road Traffic Act (driving) in the same court on April 22, 2010.

On June 26, 2013, at around 23:00, the Defendant driven a B observer car under the influence of alcohol concentration of about 0.051% without obtaining a driver’s license from the front of the KO Bank Oil Station located in B-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul to the front road of the Dong-gu, Chungcheongnam-gu, Seoul-do.

around 17:10 on November 13, 2013, the Defendant driven a B observer car without obtaining a driver’s license from the front corner of the west-gu Seongbuk-gu Seongbuk-gu, Seocheon-gu to the front road of the same salary class, in order to operate the B observer car without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, the report on detection of a drinking driver, the ledger of use of a drinking measuring instrument, and the written appraisal of blood alcohol;

1. Registers of driver's licenses and driver's licenses;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (the attachment of a written judgment and the date of final 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 (a point of driving sound), subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act (a punishment imposed on a person who commits a violation of the Road Traffic Act, the punishment of which is heavier than that of a person who commits a violation of the said Act) of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures.

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