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(영문) 대전지방법원 2014.05.01 2014고단104
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

The Defendant, at the Daejeon District Court on August 17, 2007, received a summary order of KRW 3 million as a crime of violating the Road Traffic Act, and on March 7, 2013, issued a fine of KRW 4 million by the same court as the same crime.

On December 20, 2013, at around 20:35, the Defendant driven a Cpoter cargo vehicle while under the influence of alcohol of about 0.110% without obtaining a driver’s license from the section of approximately 100 meters from the front of the Gu salary-7 complex in the same Dong, Seo-gu, Seo-gu, Daejeon to the fourth distance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal records, etc., investigation reports (former and conclusive reports);

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 (a point of driving under the influence of sound), subparagraph 1 of Article 152 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 a sentence of imprisonment with prison labor (not less than two previous convictions of fines);

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

1. Article 62 (1) of the Criminal Act (not less than a suspended sentence of imprisonment);

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. (the order to provide community service and attend lectures to have the time for a defendant to have his/her right to know about his/her wrong report through the service, etc. of other persons);

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