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(영문) 대전지방법원 2013.09.04 2013고단2574
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a driver of a gallon car.

1. On June 10, 2009, the Defendant driven a road in front of one hundred five-five-five-wheeled Han-gu, Han-gu, Tae-dong, Act No. 1314, Jun. 10, 2009, under the influence of alcohol with a blood alcohol concentration of 0.275% without obtaining a driver’s license.

2. The Defendant violated the Road Traffic Act, at the time, at the place specified in the preceding paragraph, operated the said gallon car, and received the victim D’s front-hand part of the Erause car parked at that place as the back part of the said gallon car, and damaged the said Rause car to require an amount equivalent to 6.10,000 won of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Registers of driver's licenses;

1. Written estimate;

1. Application of Acts and subordinate statutes to the report on traffic accidents;

1. Article 150 subparagraph 1 of the former Road Traffic Act (amended by Act No. 9580 of Apr. 1, 2009), Article 150 subparagraph 1 of Article 150, Article 44 (1) (the point of sound driving), Article 152 subparagraph 1 of Article 152, Article 43 (Unlicensed Driving), and Article 151 concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., the fact that the place of driving was an apartment complex and the driving distance was shorter than that of an apartment complex, and that one’s mistake is against depth);

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