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(영문) 대전지방법원 천안지원 2015.06.29 2015고단612
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

[criminal power] On October 28, 2013, the Defendant had the same record of being sentenced to a summary order of KRW 2 million by the above court on June 10, 201 as a crime of violating the Road Traffic Act (non-license) in the Daejeon District Court's branch on October 28, 2013. The above court had the same record of being sentenced to a fine of KRW 3.5 million as a crime of violating the Road Traffic Act (non-license).

【Criminal Facts】

As above, the Defendant, as a person with the power of violating Article 44(1) of the Road Traffic Act two or more times, driven a BT car from approximately 100 meters away from the front line of “Salar” located in the Tran-dong, Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu to the front line of “Sakara” week located in Tran-dong, Seoan-gu, Seoan-gu, Seoan-gu, under the influence of alcohol by 0.128% at around March 22, 2015 without obtaining the driver’s license.

Summary of Evidence

1. Defendant's legal statement;

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

1. Report on the situation of operation without a license;

1. A driver's license inquiry;

1. Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (verification reports on the same kind of force);

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

1. Crimes under Articles 40 and 50 of the Criminal Act (the punishment for each of the crimes, the punishment heavier than that for the violation of the Road Traffic Act) and imprisonment with prison labor;

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

1. Although it is a matter of fact that the suspended sentence, despite the criminal records of the same kind of crime as the reasons for sentencing under Article 62(1) of the Criminal Act, it is necessary to take into account the fact that it seriously reflects the fact that it has no criminal record of being sentenced to a fine or more severe punishment, and the age, character and conduct, environment

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