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(영문) 대전지방법원 2016.01.14 2015고단3712
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 1, 2013, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Daejeon District Court on July 1, 2013, and a summary order of a fine of four million won for a crime of violating the Road Traffic Act at the Daejeon District Court on January 19, 2015.

On September 16, 2015, at around 04:25, the Defendant driven a three-km section, without obtaining a driver’s license, a motor vehicle’s license, at around 3km section from the street in front of the shopping convenience store in the city of Sejong-si, Seoul Special Metropolitan City, to the entrance of the steering apartment in the Sin Sejong Special Metropolitan City, Sejong Special Metropolitan City, Sejong Special Metropolitan City, the Defendant was under the influence of alcohol of 0.141% while under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Application of a reply to inquiry, report on investigation (prior conviction and confirmation) Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act (limited to cases where he/she has committed serious reflects or has no criminal records of suspended execution or heavier punishment);

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