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(영문) 대전지방법원 2015.10.28 2015고단2823
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for seven months.

except that 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 April 18, 2007, the Defendant was issued a summary order of KRW 700,000 by the Daejeon District Court to a fine of KRW 700,000 for a violation of the Road Traffic Act, and a fine of KRW 1 million by the same court on July 15, 2013 for the same crime.

On August 3, 2015, at around 21:55, the Defendant, without a driver’s license, driven a car with approximately KRW 1 km from the roads in front of the Daejeon Taedong-dong Seoul Metropolitan Government to the roads in front of the aftermath of the same Gu, under the influence of alcohol content of 0.165% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Control note and report on the situation of the driver;

1. A driver's license inquiry;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment of summary orders);

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty: Imprisonment;

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

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

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