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(영문) 대전지방법원 2017.07.14 2017고단1839
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is punished by imprisonment with prison labor for not less than six months for a violation of road traffic laws at the Daejeon District Court on June 9, 2009 and the same year.

9.2. The same court was sentenced to four months of imprisonment with prison labor for the same offense, etc. and was ordered to summary order of a fine of five million won for the same offense in the same court on April 9, 2012.

around 22:05 on April 17, 2017, the Defendant driven a B Mt Motor Vehicle at the section of about 200 meters from the front side of the “new rocks” located in the Seo-gu, Seo-gu, Seo-gu, Daejeon to the front side of the “ Samsung Digital Fr” located in the same Dong without a driver’s license, while under the influence of alcohol content of 0.11%.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry into the ledger of driver's licenses;

1. In cases of a report on investigation (a summary order, etc. accompanied);

1. Application of Acts and subordinate statutes stating a report on the circumstances of driving in the main place;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Consideration of the reason behind sentencing of selective sentence of imprisonment, degree of alcohol in the blood of this case, protection observation (special matters to be observed that the blood of this case does not drink more than a certain amount, and that the driver does not drive without a license) during the suspended execution period, such as crimes and many of the criminal records of the same kind.

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