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(영문) 대전지방법원 2013.11.20 2013고단3456

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 7, 2013, at around 09:14, the Defendant driven BMW car with a blood alcohol concentration of 0.206% under the influence of alcohol without obtaining a driver’s license from around 5km section from the front of the restaurant where it is impossible to identify the trade name located in the multiple pages of Geumsan-gun, Chungcheongnam-gun, Daejeon, the Daejeon, the U.S., to the front of the 103-dong Masan-dong 103-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. The circumstantial statement of the employee;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article 148-2 (2) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving without a license") concerning the facts constituting an offense; Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for a crime of violating the Road Traffic Act due to the influence of drinking, whichever is heavier)

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., the circumstances leading up to the commission of a crime) was 4 times of a fine and 2010 times of a suspended sentence, and two times of a suspended sentence. In 2011, when driving an accident while under the influence of alcohol 0.177% in 201, the Defendant was sentenced to a summary order of KRW 7 million in the event that the accident was caused due to the occurrence of the accident and repeated the instant crime, taking into account the fact that the Defendant had been sentenced to a criminal order of KRW 7 million in the instant case.