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(영문) 대전지방법원 2013.08.29 2013고단2164
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 13, 2010, the Defendant issued a summary order of one million won or more for a violation of the Road Traffic Act at the Daejeon District Court on May 13, 201, and a summary order of one million won or more for the same crime in the Daejeon District Court Seosan Branch on July 22, 201.

On April 19, 2013, around 05:10 on April 19, 2013, the Defendant driven a CKazon car with a blood alcohol content of about 0.14% without obtaining a driver’s license from approximately 150 meters from the front day of the restaurant in Seo-gu Daejeon, Seo-gu, Daejeon to the front day of the restaurant with a high percentage of 05:30 on the same day, and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on proper launch of drivers, and the register of driver's licenses;

1. Application of statutes concerning criminal records;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (which reflects the fact that there is no record of punishment other than a fine, and which is considered such as drinking water in this case);

1. Article 62 (1) of the Criminal Act (the foregoing sentence shall be taken into consideration in light of the circumstances);

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;

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