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(영문) 대전지방법원 2015.05.01 2015고단350
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 October 21, 2013, the Defendant issued a summary order of KRW 5 million to Daejeon District Court for a violation of the Road Traffic Act (driving). On July 30, 2009, the same court issued a summary order of KRW 4 million to a fine for a violation of the Road Traffic Act (driving). On March 9, 2007, the same court issued a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On January 30, 2015, at around 22:45, the Defendant driven Cinep car in a state of alcohol alcohol level of about 200 meters without obtaining a driver’s license from the front side of the parking lot of the Sungdong-dong, Seo-gu, Daejeon to the roads adjacent to the same mountain, Seo-gu, Seo-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Application of the statutes on the register of driver's licenses;

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;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of imprisonment with prison labor for a crime of violation of the Road Traffic Act in the choice of punishment.

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

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

6. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is to consider strict punishment in light of the following: (a) although the defendant had a history of causing a traffic accident due to drinking driving in the past, he/she has re-driving without improving his/her character and conduct; and (b) he/she has purchased and operated a vehicle even during

However, in consideration of the fact that the defendant has been sentenced to a suspended sentence or heavier punishment for the same kind of crime prior to the instant case, the probation and the lecture attendance order shall be attached.

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