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(영문) 대전지방법원 2013.05.01 2013고단758
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 July 8, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act (driving) at the Daejeon District Court on August 12, 2008, on the charge of driving under the influence of alcohol with a 0.135% alcohol concentration, and around August 26, 2012, the Defendant was issued a summary order of KRW 6 million on September 24, 2012 on the charge of driving under the influence of alcohol with a 0.161% alcohol concentration while driving under the influence of alcohol and having caused a traffic accident.

On February 9, 2013, the Defendant driven a shower car in the state of alcohol with approximately 0.065% alcohol concentration over approximately 200 meters from the Daegu Seo-gu, Seo-gu to the front road of an enterprise bank located in the same Dong without obtaining a driver's license on February 9, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (i.e., extenuating circumstances, such as the fact that there are circumstances to be considered in the motive for the instant crime, the distance of operation is not long, and the fact that his mistake is remarkably divided);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the repeated consideration of these circumstances);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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