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(영문) 대전지방법원 2014.06.30 2013고단3414
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 3, 201, the Defendant was notified of a summary order of KRW 2 million by a fine due to a violation of the Road Traffic Act (driving) at the Daejeon District Court on January 3, 201, and on November 7, 2011, the Daejeon District Court sentenced one year to imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Vehicles) and a violation of the Road Traffic Act (driving) at the Daejeon District Court on September 28, 2012, and the parole period is terminated on November 6, 2012.

On August 11, 2013, the Defendant, without obtaining a driver’s license at around 21:40 on August 21, 201, driving approximately 1km from the date before Daejeon-dong, Daejeon-dong, 548-7, the same day, at around 21:50 on the same day, the Defendant driven a vehicle with a nuba with a blood alcohol content of 0.162%.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Notice of the results of the regulation of driving on a driving, and the register of driver's licenses;

1. Criminal records, summary order, and application of statutes governing judgment;

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. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act among repeated crimes;

1. In light of the fact that the Defendant’s reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter the following reason for sentencing) has a history of having been punished by drinking driving, etc. several times, but has not completed the execution of punishment due to the same criminal act, and thus, re-offending during the period of repeated crime, the Defendant need not be subject to any corresponding punishment.

However, the above punishment was determined in consideration of the circumstances such as the violation of mistake.

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

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