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(영문) 대전지방법원 서산지원 2015.05.06 2015고단86
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six 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

[Criminal Power] On November 26, 2014, the Defendant was sentenced to three years of suspension of execution on December 4, 2014 by imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.) at the Daejeon District Court, and the said judgment became final and conclusive on December 4, 2014.

【Criminal Facts】

On July 31, 2014, the Defendant, without obtaining a driver’s license at around 19:10 on July 31, 2014, driven a CranxG car at approximately 7 km from the front of the restaurant “Song-gu, Maak-gu, Maak-gu, Maak-gu, Maak-gu, 005% of alcohol level, to the front road of the green industry located in the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (period of suspension of execution of punishment, previous records and confirmations);

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant is divided into his mistake, and the fact that the defendant could have judged simultaneously with the crime of violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) in this case is favorable to the defendant, and that he has a record of being punished four times due to non-license or drinking driving is disadvantageous to

In addition, the sentence like the order shall be determined by comprehensively taking into account all the sentencing conditions shown in the records and arguments of this case.

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