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(영문) 대전지방법원 서산지원 2014.04.03 2013고단813
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 December 22, 2006, the Defendant issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court, and on January 13, 2012, the same court issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 25, 2013, at around 02:15, the Defendant, without obtaining a driver’s license, driven a car B in the section of about 300 meters from the front of a restaurant where it is impossible to find out the trade name located in a fright located in a fright located in a Sin-si in a Sin-si under the influence of alcohol at around 0.166% of the blood alcohol content without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Fact-finding survey report, traffic accident occurrence report, and accident report on the driving of the driver concerned;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of criminal records and investigation reports (where attachment is made to the suspect's previous records and certified copies of judgment, etc.);

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Although the defendant had been sentenced five times a total amount of punishment due to drinking driving under Article 62-2 of the Criminal Act, he/she is deemed to have committed the instant crime due to shocks caused by divorce, the defendant seems to have committed the instant crime, including the motive and background of the instant crime, circumstances after the instant crime, criminal records, etc., and all of the sentencing conditions specified in the records and arguments, including the records and arguments, shall be determined by taking into account the following factors.

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