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(영문) 대전지방법원 논산지원 2015.04.14 2015고단78
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 17, 2009, the Defendant was sentenced to eight months of imprisonment for the violation of the Road Traffic Act and the violation of the Road Traffic Act in the Daejeon District Court's Seosan Branch on July 17, 2009, and was sentenced to ten months of imprisonment for the same crime at the Daejeon District Court's Daejeon District Court on June 30, 201, and was sentenced to six months of imprisonment for the same crime on June 26, 201, and completed the execution of the sentence on February 15, 2014.

1. On September 30, 2014, around 16:21, 201, the Defendant driven C Chrutan truck with a blood alcohol concentration of at least 0.148% from the 20m section of approximately 20 meters to the 23-1 large-scale large market parking lot, Seosan-si, Seosan-si, Seosan-si to the settlement of charges for the said parking lot.

2. On September 30, 2014, at around 20:05, the Defendant driven a C typane freight vehicle without obtaining a driver’s license from the front parking lot of the passenger shot charcoal shotbane in the Simsan-si, Seosan-si to the front road in the Gumsan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. On-site photographs, notification of the results of the control of drinking driving, report on the circumstantial statement of a drinking driver, notification of completion of correction, report on the occurrence of a traffic accident, actual condition survey, photographs on the scene of an accident, register of driver's licenses, and inquiry into the vehicle register;

1. Previous records: Application of inquiry reports, such as criminal records, investigation reports (reports on the same type of criminal records and attachment of judgments), investigation reports (reform of the current status of custody and confinement of each suspect A) and other statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty, Articles 152 (1) and 43 of the Road Traffic Act (the point of sound driving, the choice of imprisonment), Article 152 (1) of the Road Traffic Act, and Articles 152 (1) and

2. Article 35 of the Criminal Act among repeated crimes (Article 35 of the Road Traffic Act has a criminal record of a crime of violating the Road Traffic Act).

3. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier.

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