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(영문) 대전지방법원 홍성지원 2014.07.11 2014고단260
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 May 25, 2009, the Defendant issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, on September 10, 2010, the same court issued a summary order of KRW 3 million as a fine for the same crime, and on November 11, 201, the same court was sentenced to a suspended sentence of two years for four months due to a violation of the Road Traffic Act and a violation of the Road Traffic Act. On April 17: 11, 2014, the Defendant was driving a cargo at a section of approximately 4km from the front of the Peong-gu 1 Community Center to the front of the same Sincheon-si Sin-si Sin-si Sin-si Sin-si, Hosung-gun, Hodong-si, Hodong-si, Hodong-si, without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions: Criminal records and other inquiries, replys to inquiries, decisions, and application of summary order statutes;

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include not only three times in total, but also one time in total, the records of punishment for drunk driving for the latest five years, and in particular, when the probation, community service order, and order to attend a lecture, and the period of suspension of execution expires on September 12, 201.

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