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(영문) 대전지방법원 2013.10.02 2013고단2449
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant was sentenced to a fine of 1.5 million won on April 30, 2009 and a fine of 5 million won on February 5, 2013 at the Cheongju District Court for a violation of the Road Traffic Act.

Nevertheless, on June 28, 2013, the Defendant, without obtaining a driver’s license at around 05:20 on June 28, 2013, driven a Clearning car under the influence of alcohol content of about 0.092% from the 1km section from the front day of the P&P Pari in the C&P in the C&P in the C&P in U.S. Singu, Sejong-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of his/her oral statement from a host driver;

1. Registers of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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 prescribed for a crime of violating the Road Traffic Act due to the influence of drinking, whichever is heavier)

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered circumstances, criminal records, criminal records, circumstances after committing the crime, reflectivity, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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