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(영문) 대전지방법원 홍성지원 2013.11.20 2013고단868
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 October 1, 2013, at around 21:30, the Defendant driven a B personal vehicle under the influence of alcohol concentration of 0.149% without a driver’s license from the front side of the upper village of the Hongsung-gun, Hongsung-gun, the lower court, from around 10km to the front side of the red-Eup in the same military area.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Statement on the circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to a driver's license;

1. Relevant provisions of Article 148-2 (2) 2, 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. Article 62 (1) of the Criminal Act (Consideration of the following grounds for sentencing, etc.);

1. The reason for sentencing under Article 62-2 of the Probation Criminal Act is that the Defendant committed the instant crime at the same time at the time when the Defendant had been punished as a fine due to a violation of the Road Traffic Act of the same kind of driving without license (in particular, it was sentenced to a fine due to driving without license in 2013) on three occasions, and that the blood alcohol concentration at the time is significant, etc. that are disadvantageous to the Defendant.

On the other hand, however, the Defendant appears to be against the Defendant when making confession of the instant crime, considering the fact that it appears to be against the Defendant’s favorable sentencing factors, and determining the Defendant’s punishment like the disposition, by comprehensively taking into account the Defendant’s age, character and conduct, environment, etc., and all of the sentencing conditions indicated

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