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(영문) 대전지방법원 천안지원 2014.11.27 2014고단1034
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four 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 September 20, 2007, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Daejeon District Court on September 20, 2007. On June 9, 2014, the Defendant was issued a summary order of KRW 5 million for the same crime, etc. in the support of the Daejeon District Court on the Incheon District Court on June 9, 2014. On July 20:13, 2014, the Defendant was driving a vehicle of approximately 300 meters in the direction of drinking in the direction of drinking, without obtaining a driving license, at the entrance of the road at the Yansan-si, Yan-dong, Yancococoke apartment, 00 square meters in the direction of drinking.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. On-going reports on drivers, circumstantial statements of drivers, and the register of drivers' licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports (a summary order of related cases and attachment of a copy of judgment), previous records of disposition and confirmation reports, and application of Acts and subordinate statutes to investigation reports (a copy of summary order of related cases);

1. Relevant provisions of Article 148-2 (2) 2, 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 ordinary concurrent crimes (the punishment shall be imposed on a person who commits a crime of violating the Road Traffic Act due to the influence of alcohol heavier than the punishment, but choice of imprisonment shall be imposed);

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant led to the confession of the crime and his mistake is repented in depth, and considering the occupation of the defendant, the defendant has been punished several times by driving without a drinking license, etc. in addition to the crime stated in the first head of the crime. Nevertheless, the defendant has the record of being tried to detect and punish the defendant in addition to the crime stated in the first head of the crime.

However, the above favorable circumstances and the age, character and conduct of the defendant.

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