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(영문) 대전지방법원 천안지원 2013.09.06 2013고단765
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[Criminal Power] On July 5, 2007, the Defendant was sentenced to a suspended sentence of 4 months by imprisonment for a violation of the Road Traffic Act, etc., in the support of the Daejeon District Court, Daejeon District Court on July 5, 2007. On April 22, 2010, the same court was sentenced to a suspended sentence of 2 months by imprisonment for a violation of the Road Traffic Act.

【Criminal Facts】

On May 23, 2013, at around 21:00, the Defendant driven the Crocketing car without an automatic driver’s license from a section of approximately 2 kilometers from the front of the Net House to the front of the Youngcheon-dong located in the same Young-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A written report from an employee of an employer;

1. Statement of the low-sulfur driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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. 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 reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant again committed the instant crime even though he/she had had the record of being punished for the same kind of crime several times; and (b) the fact that he/she is against the law; and (c) the punishment is determined like the order

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