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(영문) 대전지방법원 공주지원 2013.05.24 2013고단83
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 16, 2008, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act in the official capital support of the Daejeon District Court on October 16, 2008. On September 4, 2009, the Defendant was sentenced to a suspended sentence of two years for a year for a violation of the Road Traffic Act.

As above, the Defendant, who violated Article 44(1) of the Road Traffic Act two or more times on January 10, 2013, driven a liquid vehicle C in the state of alcohol without a driver’s license, from the Cheongyang-gun’s funeral hall located in Cheongyang-gun, Chungcheongnam-gun, Chungcheongnam-do to the Defendant’s residence next to the Defendant’s residence located in Cheongyang-gun, Chungcheongnam-gun, Cheongyang-gun, Cheongyang-gun, with approximately 12km alcohol concentration of about 0.198%, without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal history records;

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation has a history of being punished several times for driving without a license, and the defendant was sentenced to a suspended sentence for driving without a license in 2002, and around 209, he/she was sentenced to a suspended sentence for driving without a license for drinking and without a license, and even though he/she was under a suspended sentence for driving with a license for driving without a license for driving without a license for driving without a license for drinking and without a license for driving without a license for driving without a license for driving without a license for driving without a license for driving without a license for driving in this case, even though he/she was able to take the place of a traffic accident after he/she escaped, and again, he/she again did not have been aware of the fact that the

Accordingly, the above sentence shall be determined by taking into account all of the sentencing conditions indicated in the above circumstances and the records of this case.

It is so decided as per Disposition for the above reasons.

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