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(영문) 대전지방법원 천안지원 2014.01.24 2013고단1641
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

[criminal power] On April 16, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Seocheon Branch of the Daejeon District Court on April 16, 2008; on September 15, 201, the above court was sentenced to a fine of four million won for a violation of the Road Traffic Act (driving without a license); on December 26, 2012, the above court was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving without a license); and on July 12, 2013, the above court was under suspension of the execution for four months, for a violation of the Road Traffic Act (driving without a license).

【Criminal Facts】

On June 2, 2013, around 18:45, the Defendant driven a Csch Rexton car with a blood alcohol concentration of about 0.093% under the influence of alcohol without obtaining a driver’s license, from the front side of the Maddong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City), to the front side of the Maddong-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City), to the new third-party road in the Yannam-gu, Yannam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. A detailed statement of disposition to revoke a driver's license;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes of each investigation report;

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 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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. In light of the fact that the defendant committed the instant crime again within a short period despite the fact that he/she had been punished several times for the reasons of sentencing, such as probation, community service order, and order to attend a lecture, and that he/she again committed the instant crime during the same crime, the Defendant’s liability for the crime is unlimited, or the judgment becomes final and conclusive.

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