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(영문) 대전지방법원 홍성지원 2013.05.31 2013고단289
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 8, 2006, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Daejeon District Court's Daejeon District Court's Branch on December 8, 201, sentenced to a fine of two million won for a violation of the Road Traffic Act, etc. at the Daejeon District Court's Incheon District Court's Branch on December 8, 201, and on July 8, 201, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act for a violation of the Road Traffic Act (driving) and is still under the grace period as of July 16, 201.

On March 21, 2013, around 18:40 on March 21, 2013, the Defendant driven a clater vehicle under the influence of alcohol content 0.137% while under the influence of alcohol, without obtaining a driver’s license, from the front side of the Yannam-gun Seoul Metropolitan City Subdivision, to the front side of the 5km Eup Eup.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a statement in the circumstances of the host driver;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports on criminal records, etc. and investigation reports (Attachment reports, such as a copy of judgments related to the same criminal records);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (a favorable circumstance among the reasons for sentencing following the sentencing) is divided by a defendant, and all of the crimes of this case are recognized. There are no particular human damage due to the drinking driving of this case, the defendant scrapped his own vehicle and shows a strong intention not to drive under the influence of alcohol or drive without a license, and the defendant is attending his wife and high school in which he should continue to receive a 80 old-age and kidne treatment.

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