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(영문) 대전지방법원 2014.03.27 2013고단4963
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 16, 2013, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act by the Daejeon District Court on August 24, 2013, and the said judgment became final and conclusive on the 24th of the same month, and is currently under the grace period, and there is a record of being sentenced to a fine of one million won,50,000 won, for the same crime in the same court.

On November 22, 2013, the Defendant driven a 150-meter d-packer car from the roads located in the Si/Gu Do Gyeongwon-gu, Sejong Special Self-Governing City, which are located in the Si/Gu Do Gyeongwon-gu, Sejong Special Self-Governing City, to the roads located in the Si/Gu Do Gyeong-ri located in the same Eup/Myeon, without obtaining a driver's license at around 20:56 on November 22, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. A driver's license inquiry;

1. Previous records of judgment: Application of criminal records, etc. and investigation reports (verification of the fixed date of related cases and attachment of a copy of judgment) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 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. 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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant, without being aware of the fact that he had already been punished several times due to drunk driving orless driving; and (b) the Defendant, in particular, was sentenced to a suspended sentence on September 16, 2013 and was sentenced to a suspended sentence on September 22, 2013; (c) even during the period of suspended sentence on November 22, 2013, the Defendant was driving under the influence of alcohol in the instant case at the same time in the state ofless license; and (d) there seems to be a circumstance to separately consider the developments of the instant driving.

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