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(영문) 대전지방법원 천안지원 2014.01.17 2013고단1530
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

[criminal power] On January 25, 2008, the Defendant issued a summary order of KRW 1500,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Daejeon District Court's Branch on November 4, 2009, in the same court on November 19, 2009, as a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) and a fine of KRW 4 million in the same court on October 19, 201.

【Criminal Facts】

On September 22:55, 2013, the Defendant driven the B Carn Corpon under the influence of 0.219% of blood alcohol concentration on the road before the car driver's license, with the (jum) G Carn Corpon, a man of Asan-si, Asan-si, a man, without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A written report from an employee of an employer;

1. Application of the statutes on the register of driver's licenses;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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. When considering the fact that the defendant for the reason of sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and lecture order, committed the instant crime again within a short period despite the fact that he/she had been punished several times for the same kind of crime, and the fact that the numerical value of blood alcohol level is very high, the criminal liability of the defendant is unlimited, but the defendant is against the defendant, and the defendant has no criminal record other than the fine, the punishment shall be determined

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