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(영문) 대전지방법원 2013.07.26 2013고단2241
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 4, 2008, the Defendant received a summary order of KRW 500,000 from Daejeon District Court to a fine of KRW 500,000 due to a violation of the Road Traffic Act (driving). On April 2, 2012, the same court received a summary order of KRW 4 million due to the same crime.

On 21:50 on 06. 08. 21:21:50 on 201, the Defendant driven a two-cc two-wheeled vehicle, one of which was not owned by the Defendant, for about 2.3 km on the same day from the Do near the Jungcheon-gu Incheon Metropolitan City, Daejeon, to the road front of the Seocheon-dong, Seo-gu, Daejeon, Seo-gu, Daejeon, Daejeon, without obtaining a license to drive a two-cc driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Notification of persons violating the Motor Vehicle Management Act;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, pre-disposition records, and reporting on results of verification;

1. Relevant Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act (hereafter referred to as "motor vehicle driving without a license for a motor bicycle) Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (hereafter referred to as "motor vehicle driving without a license for a motor bicycle") concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the fact that it seriously reflects the Defendant’s age, driving distance, sale of two-wheeled automobiles, etc.) was one time before and after the same suspension of execution (not later than five years), and the fact that it repeatedly repeats the same form of crime of the same kind of crime of driving under the highest drinking-free license even though it had been seven times before and after the same suspension of execution, in a state in which the mandatory insurance was not bought under the highest drinking-free license.

Even when considering the fact that the defendant was old and it was not easy to obtain a driver's license because he read the Korean language, the driver's license in 200.

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