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(영문) 대전지방법원 천안지원 2013.07.25 2013고단633
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 September 30, 2009, the Defendant was sentenced to a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) in the Daejeon District Court's Branch on September 30, 2009, KRW 2,000,000,000 as a fine for the same crime from the Suwon District Court's House on November 16, 201 of the same year, and KRW 4,00,000 as a fine for the same crime in the Daejeon District Court's Branch on June 11, 2012, without a driver's license. On May 12:20, 2013, the Defendant was under the influence of alcohol level of KRW 0.204% from his house parking lot located in No. B 102, 801, and operated a car at approximately 1.3km to the west apartment near the Manuri apartment at the same level.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. The actual condition survey report, photographs, report on detection of a host driver, and the register of driver's licenses;

1. Before judgment: Application of three copies of criminal records and summary order under the Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense (the point of driving a motor vehicle on the market), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act (the point of driving a motor vehicle

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment shall be imposed on a person who commits a crime of violating the Road Traffic Act due to the influence of alcohol heavier than the punishment, but choice of imprisonment shall be imposed);

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is three times, and the defendant, who has already been punished as a violation of the Road Traffic Act due to drunk driving, once again, was under the influence of driving without a license, and the drinking volume is also very high. However, the crime is poor. However, the execution of the sentence is postponed in consideration of the defendant's age, family relationship, occupation, etc., and there was no record of the defendant's confession of all crimes and there was no history of punishment exceeding the fine.

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