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(영문) 대전지방법원 2015.05.21 2015고단643
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 15, 2013, the Defendant was sentenced to a suspended sentence of two months for a violation of the Road Traffic Act at the Daejeon District Court on the 23th of the same month, which became final and conclusive on May 7, 2010, and was sentenced to a fine of four million won for a violation of the Road Traffic Act at the Daejeon District Court on May 7, 2010, which was sentenced to a fine of two hundred and five million won for the same crime from the red branch of the Daejeon District Court on June 18, 2007, and a fine of two five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five hundred and five and five hundred and five hundred and five and the same crime at the Daejeon District Court on April 16,

On February 12, 2015, at around 21:27, the Defendant, without obtaining a driver’s license, driven a car in Ccocon with Ccocon from the day to the day before the day from the day on which it is in Seo-gu, Seo-gu, Daejeon to the day on which it is under the influence of alcohol content of 0.215%.

As a result, the defendant violated the prohibition of drinking driving more than twice, and once again drives a motor vehicle without permission in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to replys to inquiries, such as criminal records, and investigation reports (a copy 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. In particular, all of the conditions of sentencing, such as recidivism during the period of the same probation, high drinking level reflectability, motive and circumstance leading to the crime, and the defendant's age and working environment, can be considered during the period of the same probation.

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