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(영문) 대전지방법원 천안지원 2014.07.11 2014고단530
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 20, 201, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution for a violation of the Road Traffic Act, etc. at the Daejeon District Court on July 20, 201, and on August 22, 2012, the Defendant was sentenced to a fine of 9 million won for a violation of the Road Traffic Act at the Daejeon District Court on August 22, 201, and was in violation of Article 44(1) of the Road Traffic Act at least twice.

On April 15, 2014, at around 21:09, the Defendant driven a Dsch Rexton car under the influence of alcohol concentration of about 0.229% without a vehicle driver's license, at a section of approximately 1km in front of the new street of the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection and a report on the fact-finding statement of the driver;

1. Application of Acts and subordinate statutes to the driving license ledger;

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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( Taking into account all circumstances, such as the fact that the defendant makes his/her confession against his/her mistake while making his/her confession, and the age, home environment, etc.);

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