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(영문) 대전지방법원 논산지원 2015.01.27 2014고단449
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

On December 1, 2006, the Defendant was sentenced to a summary order of a fine of three million won due to a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on December 1, 2006, and on May 28, 2010, the Defendant was sentenced to a suspended sentence of two years due to a violation of the Road Traffic Act (driving) in the official support of the Daejeon District Court on May 28, 201, and was sentenced to a suspended sentence of two or more times.

around 23:00 on October 11, 2014, the Defendant driven B rocketing car under the influence of alcohol content of about 100 meters from the road front of a bus terminal located in the Simsan-si, Seogsan-si to the street front of the Ro network project in the Banmna-dong, Seosan-si, without a driver’s license, at approximately 0.153% of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each of the reports on the situation of driving under the influence of alcohol, inquiry into the results of the control of driving under the influence of alcohol, inquiry into the driver's license, inquiry into the previous records, a copy of each summary order, and

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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [Incompetence] is three times in total and one time in the period of probation, community service order and lecture attendance order, and Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. (unfavorable circumstances] is contrary to the fact that the last previous conviction

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