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(영문) 대전지방법원 홍성지원 2014.01.21 2013고단1013
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

Punishment of the crime

On October 22, 2010, the Defendant was sentenced to a fine of KRW 2 million for the crime of violation of the Road Traffic Act in Suwon District Court’s Eunpyeong Housing Site, and a fine of KRW 4 million for the same crime on February 13, 2013. On November 21, 2013, the Defendant, who was sentenced to a fine of KRW 1.5 km in the red support of the Daejeon District Court as a result of the same crime on February 13, 2013, without obtaining a motorcycle driver’s license for a motor bicycle with drinking content of KRW 0.154% in drinking alcohol concentration at around 19:37, 2013.

Switzerland driving Obama.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A report on detection of a host driver and a circumstantial statement;

1. Registers of driver's licenses (registration No. 14 pages);

1. Previous convictions in judgment: Application of inquiry requests, such as criminal records, and other Acts and subordinate statutes;

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 2 of Article 154 and Article 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 of 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 (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2008) (see, 2009Da11448, Apr. 2, 2009)

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

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