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(영문) 대전지방법원 천안지원 2014.02.13 2013고단1450
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 May 2, 2011, the Defendant was sentenced to a fine of KRW 2.5 million due to a violation of the Road Traffic Act (fluence) in the Daejeon District Court's branch on May 2, 201, and a fine of KRW 2 million due to the same crime in the same court on October 1, 2013. On September 3, 2013, the Defendant driving a Bho-do car under the influence of alcohol concentration of approximately 1 km in the front of the relevant sports site located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu without a driver's license at around 09:20 on September 3, 2013, while under the influence of alcohol concentration of approximately 0.16% in blood.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. The register of driver's licenses, a certificate of blood alcohol appraisal, and a report on detection of a drinking driver;

1. Before judgment: Application of the Acts and subordinate statutes of two copies of the Criminal Records and the summary agreement of the case;

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

1. Although the reason for sentencing under Article 62-2 of the Criminal Act of the community service order is not good in that the defendant who has been punished several times due to the violation of the Road Traffic Act due to driving without a license, such as this case, or who has been subjected to juvenile protection disposition, once again drives without a license, the execution of the sentence shall be suspended considering the fact that the defendant has led to the crime, and this case is merely a mere mere driving without a license, and the community service order shall be concurrently imposed.

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