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(영문) 대전지방법원 2018.09.14 2018고단1884
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 12, 2016, the Defendant was sentenced to a suspended sentence of one year for a violation of road traffic laws (unlicensed driving) at the Daejeon District Court on April 12, 2016, and was punished twice as a crime of violating road traffic laws (unlicensed driving).

On May 21, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle around 04:06, operated B-learning motor vehicle in the same section of about 1 km from around 60m in the middle-gu, Daejeon, Seo-gu, Seo-gu, Daejeon, for the influence of alcohol content of 0.056%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to inquiries into the ledger of driver's licenses and the main office;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 (Unlicensed Driving) and Article 148-2 (2) 3 and Article 44 (1) of the same Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that the defendant reflects his/her mistake, the distance of the defendant's driving, drinking volume, etc.);

1. It is so decided as per Disposition on the grounds of protection observation and order to provide community service and attend lectures under Article 62-2 of the Criminal Act or more;

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