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(영문) 대전지방법원 2013.04.25 2013고단399
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 26, 2009, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution for a violation of the Road Traffic Act at the Daejeon District Court on March 26, 2009, and on February 18, 2010, the Defendant was sentenced to 2.5 million won for the same crime.

1. Violation of the Road Traffic Act (Liju and Unlicensed Driving) provided that the Defendant, without obtaining a driver’s license, driven a 300-meter section from the front of a restaurant in the Jung-gu, Daejeon, Daejeon, on December 17, 2012 to the front of the road No. 170-332, without obtaining a driver’s license, while under the influence of alcohol with a blood alcohol content of 0.086%.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) driven the said unregistered 49cc occ diaba, which was not covered by mandatory insurance from November 2012 to December 16:15, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on proper launch of drivers, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (suspect drinking and report on confirmation of record of driving without a license);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154, and Article 43 of the Road Traffic Act concerning criminal facts, and Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Selection of each sentence of imprisonment;

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

1. In light of the fact that the defendant's reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Code for discretionary mitigation (the reason for sentencing below) has a record of criminal punishment on several occasions due to drinking, driving without license, etc., but again led to the same kind of crime, it is inevitable to punish the defendant significantly.

However, the fact that drinking water is not high, and the defendant's mistake is divided.

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