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(영문) 대전지방법원 2013.06.05 2013고단912
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

[criminal power] On June 20, 2007, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act at the Daejeon District Court, and on June 19, 2009, a fine of KRW 5 million was issued by the same court as the same crime.

【Criminal Facts】

On January 10, 2013, at around 21:35, the Defendant driven a D truck under the influence of alcohol with a blood alcohol concentration of 0.159% without obtaining a driver’s license from the 1km section to the front road of the advanced car center located in the same Dong and located in the Jung-gu Daejeon, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. The circumstantial statement of the employee;

1. The driver's license ledger;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of a copy of judgment);

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 ordinary concurrent crimes (the punishment imposed on a crime of violating the Road Traffic Act between the crimes of violation of each Road Traffic Act at the time of making a market and the punishment imposed on a crime of violating the Road Traffic Act due

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 repeated for the reason of sentencing);

1. Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. provides that a person subject to probation and order to attend a meeting has repeatedly committed identical crimes for the reason of sentencing, even though his/her previous offense was committed several times due to driving without a license for drinking alcohol for the reason of sentencing, and the fact that he/she has no particular criminal records for the last three years, his/her depth is reflected, and other various circumstances which are conditions for sentencing, including the defendant's age, character and conduct, home environment

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