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(영문) 대전지방법원 공주지원 2014.10.07 2014고단142
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On February 1, 2008, the Defendant was sentenced to a suspended sentence of two years for one year and six months by imprisonment with prison labor for a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licensed driving) at the Changwon District Court on February 1, 2008. On May 9, 2011, the same court received a summary order of KRW 2.5 million by the same court as a fine of KRW 1 million for the same crime from the official branch of the Daejeon District Court on May 1, 2013, the fine of KRW 1.5 million for the same crime from the official branch of the Daejeon District Court on May 1, 2013, and the same court on February 19, 2014, respectively.

【Criminal Facts】

On May 29, 2014, at around 23:15, the Defendant driven B K7 car under the influence of alcohol level of 0.093% without obtaining a driver’s license in approximately 1.5 km section from the front day of the dong Chang-dong, which is located in the New-ro, New-ro, 114-2, to the front day of the New-ro, 114-2, in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking alcohol driving, report on the entry of a driver with a driver with a driving, report on the status of a driver with a driver with a driving alcohol, report on the status of a driver with a driving alcohol

1. Previous records: Application of criminal records, investigation reports (suspects' previous records and reports on the confirmation of criminal facts) and Acts and subordinate statutes;

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. Article 62 (1) of the Criminal Act (The following factors favorable to the accused among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Articles 59 and 62 of the Probation, etc. Act is that the accused has been punished by a fine for violating the Road Traffic Act on four occasions due to a drunk driving or unlicensed driving, and violent crimes, etc.

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