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(영문) 대전지방법원 천안지원 2015.06.19 2014고단1055
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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 January 22, 2007, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act at the Young-gu branch of the Chuncheon District Court on January 22, 2007, and on March 10, 2009, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Gangseo-gu branch of the Chuncheon District Court on March 10, 2009.

On February 22, 2014, at around 04:15, the Defendant driven a two-way vehicle with blood alcohol content of 0.149% under the influence of alcohol without a driver’s license, at a section of approximately 200 meters near the second apartment road in the vicinity of the same rigate.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. It is an unfavorable circumstance that the defendant, who has been punished three times for the sentencing of Article 62-2 of the Criminal Act, once the reason for the sentencing of Article 62-2, once again drives a drinking or driving without a license, causes the contact accident

However, the punishment should be determined in consideration of favorable circumstances such as the defendant's mistake, there is no record of criminal punishment after 2010, and the fact that there is only a previous conviction, and the execution of the punishment will also be suspended by ordering the participation in the compliance driving lecture.

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