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(영문) 대전지방법원 논산지원 2013.12.24 2013고단406
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On September 15, 2013, at around 14:20, the Defendant driven a B-hurd motor vehicle with a blood alcohol level of 0.20% under the influence of alcohol level of 0.20% without obtaining a driver’s license in approximately 10km section from the front of a restaurant where it is impossible to identify the trade name in the Cheongyang-gun, Cheongyang-gun, Chungcheongnam-gun to the shooting distance in the Dong-gu, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each Act and subordinate statutes to entries in the register of traffic patrol, report on the results of the drinking driving control, and driver's license;

1. Relevant Article 148-2 (2) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving without a license") concerning the facts constituting an offense; Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a 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. Probation, community service order, and order to attend a lecture, Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., the defendant who had been sentenced to a fine for a drunk driving once again, and the fact that drinking driving is considerably high is disadvantageous.

However, it is favorable that the defendant reflects the crime, and that there is no record of criminal punishment other than the above criminal record.

The sentence of probation, community service order and order to attend a lecture shall be sentenced to a suspended sentence of imprisonment accompanied by probation, community service order and order to attend a lecture, in comprehensive consideration of all other circumstances shown in the arguments, such as the age, character

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