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(영문) 대전지방법원 2013.06.28 2013고단1415
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 8, 2009, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act, and a summary order of KRW 5 million for the same crime at the Daejeon District Court on May 21, 2012.

On December 26, 2012, at around 23:50 on December 26, 2012, the Defendant, while under the influence of alcohol by 0.147% without a driver’s license, driven a vehicle by converting approximately 1.1km from the frequency of the same Gu’s gambomic natural acid in the Seo-gu Daejeon-gu, Daejeon to the front of the same Gu’s gambomic care hospital.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to a summary order for the branch court of Suwon District Court and a summary order of Daejeon District Court;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) (Article 152 subparagraph 1 of the Road Traffic Act and Article 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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (It shall not go through the distance of driving, and shall not go through serious reflect);

1. Article 62 (1) of the Criminal Act;

1. Although the punishment of imprisonment without prison labor is necessary in light of the following: Article 62-2 of the Criminal Act, Article 59 of the Probation Act, Article 59 of the Act on the Punishment, etc. of Probation, and Article 62-2 of the Act on the Punishment, etc. of Probation, and Article 59 of the Act on the Punishment, etc. of Non-Aggravated Punishment and Non-Aggravated Punishment and Re-Aggravated Punishment and Non-Aggravated Punishment

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