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(영문) 대전지방법원 홍성지원 2014.01.15 2013고단738
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 23, 2006, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Hongsung Branch of Daejeon District Court on September 1, 201, and a fine of four million won for a violation of the Road Traffic Act (driving) at the same court on September 1, 2011, and on January 4, 201, the same court was sentenced to imprisonment of six months and suspension of execution for a violation of the Road Traffic Act (driving).

On August 9, 2013, at around 22:00, the Defendant driven C lusian car with approximately 0.201% alcohol level without the driver’s license from around 100 meters to the front road of the same electronic dam from the front day of the lusular cafeteria, which is located in the lusular East-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Statement on the circumstantial statement of the employee;

1. The driver's license ledger;

1. Inquiry into the enemy;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and summary information of a case;

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

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 (Consideration of the following grounds for sentencing, etc.);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation, community service order, and order to attend a lecture has already been sentenced to a fine and a suspended sentence due to a crime of violating the Road Traffic Act of the same kind and a drunk driving for more than five times, but also committed the instant crime during the suspended sentence period, and considering the fact that the blood alcohol concentration level at the time of suspension is considerable, Defendant shall be punished strictly.

On the other hand, however, the defendant has a child to take care of, and the defendant commits the crime of this case.

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