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(영문) 대전지방법원 천안지원 2013.11.07 2013고단993
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

[criminal power] On November 4, 2003, the defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seocheon Branch of Daejeon District Court on April 7, 2004, a fine of two million won for a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without a license) at the same court on April 7, 2004. On June 28, 2013, the same court was sentenced to a fine of six million won for a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act.

【Criminal Facts】

On June 28, 2013, around 00:30 on June 28, 2013, the Defendant driven BM5 vehicle volume without a driver’s license in the state of 0.181% alcohol concentration from a section of approximately 600 meters from the front of a restaurant in the mutual and aesthetic side of the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu to the front of the same Kudong apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Requests for appraisal of blood alcohol concentration;

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

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), 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 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant had been punished several times due to the violation of the Road Traffic Act due to drunk driving and driving without a license even though he had the previous records of punishment, he once again conducted drinking and driving without a license, and it is reasonable to strictly punish the defendant as he has the high blood alcohol concentration.

However, the defendant shall be sentenced to a suspended sentence for a limited period of time, taking into account the fact that he/she has no record of punishment other than the previous conviction and is closely reflecting his/her criminal act.

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