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(영문) 대전지방법원 논산지원 2013.06.25 2013고단37 (1)

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 6, 2006, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of two million won or more for a violation of the Road Traffic Act in the official capital support of the Daejeon District Court on September 6, 2006, and by receiving a summary order of 1.5 million won or more for a violation of the Road Traffic Act in the field of a violation of the Road Traffic Act at the collegiate branch of the Daejeon District Court on December 9, 201.

【2013 Highest 37】 On October 15, 2012, the Defendant driven a Category C motor vehicle while under the influence of alcohol 0.222% without a driver’s license at the section of approximately 3 km from the 3km to the road front of the gynd-down in the gynd-down of the gynd-down in the gynd-down of the gynd-down of the gynd-round 13:35, 2012.

【2013고단137】 피고인은 2013. 4. 20. 21:45경 논산시 취암동에 있는 ‘이모네한솥밥’ 식당 앞 도로에서 자동차운전면허 없이 혈중알코올농도 0.241%의 술에 취한 상태로 C 마티즈 차량을 전방으로 30cm가량 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each fact-finding report, each fact-finding report, each fact-finding driver's detection report, each fact-finding driver's circumstantial statement report, and the register of driver's licenses (No. 315 of the investigation records, No. 29 of the year 2013);

1. Previous for judgment: Application of each Act and subordinate statute, such as a statement of inquiry, such as criminal records (in the face of 35 criminal investigation records, No. 315 of 2013), a copy of summary order;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting a crime (a point of driving without obtaining a license) as provided in the corresponding Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (any violation of the Road Traffic Act by date of the market and any violation of the Road Traffic Act;

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows.