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(영문) 대전지방법원 2014.12.03 2014고단1502
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 March 2, 2014, at around 23:51, the Defendant driven a C-car under the influence of alcohol concentration of 0.20%, without obtaining a driver’s license from the 4km apartment parking lot in Taedong-dong, Seo-gu, Seo-gu, Seo-gu, Seoul to the front road in the Pyeongtaek-dong, Seo-gu, Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the crackdown on drunk driving, the report on the situation of drunk driving, and the circumstantial statement of the drinking driver;

1. An inquiry report on driver's license and a report on the situation of driving without license;

1. Application of Acts and subordinate statutes to inquiries, such as criminal records;

1. Relevant provisions of Article 148-2 (2) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is so decided as per Disposition for the reasons above, such as the fact that there is a history of punishment for the same kind of crime as the sentencing of Article 62(1) of the Criminal Act in the suspension of execution (one fine), blood alcohol concentration, and reflects on it;

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