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(영문) 대전지방법원 홍성지원 2014.03.21 2014고단34
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On February 5, 2007, the defendant was issued a summary order of 700,000 won as a crime of violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court. On November 17, 2008, the defendant was issued a summary order of 2,50,000 won for the same crime of violation of the Road Traffic Act. On January 20, 2009, the defendant was sentenced to a suspended sentence of 6 months for the same crime in the same support, and from the same support on September 6, 2012, he was sentenced to a suspended sentence of 2 years for the same crime of violation of the Road Traffic Act.

On November 19, 2013, the Defendant, without obtaining a driver’s license at around 23:00 on November 19, 2013, driven a BTXG car from approximately 2 km to the same tri-party 16% alcoholic content in the south-si in the state of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstantial statement of the driver and report on the circumstances of the driver’s license;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries and replies to inquiries, such as criminal records;

1. Relevant provisions of Article 148-2 (2) 2, 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. The Defendant had already been aware of the history of punishment four times for the crime of drunk driving and four times for the crime of drunk driving, and the Defendant committed the crime of drunk driving in this case at the same time. In particular, the Defendant, on June 19, 2012, was in the state of drinking alcohol concentration of 0.217%, and the driver’s license was revoked due to the accident, and only one year has passed since the suspension of execution was sentenced, even though the Defendant was under the period of suspension of execution on November 19, 2013, and was under the influence of alcohol driving in this case.

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