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(영문) 대전지방법원 2015.03.18 2015고단63
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

Criminal facts

The defendant, at the Daejeon District Court on March 11, 2013, has been punished by a fine not exceeding 4 million won for a violation of the Road Traffic Act, and the same year.

6. 10. The same court has been issued a summary order of KRW 5 million for the same crime and the violation of the Road Traffic Act.

On November 14, 2014, the Defendant, without a driver’s license, driven a 200-meter C ccoon vehicle from the front day of Taepyeongban, which was under the influence of alcohol by 0.139%, at the same time as the blood alcohol concentration, to the front day of the Daejeon Dong-gu, Daejeon-gu, to the front road of 136 Damo-ro 140,00,000.

Summary of Evidence

1. Defendant's legal statement;

1. Photographss, results of the regulation of drinking driving, and driver's license inquiry at the time of measurement;

1. Application of Acts and subordinate statutes to criminal records, reply reports on criminal records, previous dispositions, and report on results of confirmation (attached Form 2);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter referred to as the following grounds for sentencing):

1. Article 62 (1) of the Criminal Act (Reexamination of the reasons for sentencing as follows)

1. An order to attend a lecture and a sentence of punishment under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc., taking into account all the following circumstances into consideration: The favorable circumstances: recognition of and reflects on a crime, the fact that there is no record of punishment subject to a suspended sentence or heavier punishment: The fact that there was a record of punishment twice for the same crime, and that drinking alcohol is considerable, etc., and other circumstances: It is so decided as per Disposition for the reasons such as the motive, circumstance, the defendant's age, family relationship

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