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(영문) 대전지방법원 공주지원 2018.05.25 2018고단96
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal history] On November 17, 2017, the Defendant was sentenced to imprisonment for four months with prison labor for a violation of road traffic law (unlicensed driving) at the Daejeon District Court's official branch on November 17, 2017, and the judgment became final and conclusive on November 25, 2017.

[Criminal facts]

1. On November 15, 2017, the Defendant driven a D-wing and 3 truck under the influence of alcohol leveling 0.144% while under the influence of alcohol leveling 0.14%, without obtaining a driver’s license, at a distance of about 14 meters in front of the “C” office located in B at the official city around 19:20 on November 15, 2017.

2. On January 14, 2018, the Defendant, at the time of 09:10, driven an EDIO125 Oba, without obtaining a bicycle driver’s license from a distance of about 2 km from 199:0 to 95-39:00, the front line of the front line of the front line of the front line.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving a non-licensed motor vehicle), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Crimes under Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (inter between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act which drive a motor vehicle with no license; Punishment for the crimes of violation of the Road Traffic Act which are heavier than punishment;

1. Selection of imprisonment with prison labor or a fine for a violation of the Road Traffic Act (non-licensed driving) by a non-exclusive driver's license for a crime of violation of the Road Traffic Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (as to the crime of Article 334(1) of the Criminal Procedure Act, the defendant has a number of criminal records of the same kind.

crime;

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