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(영문) 대전지방법원 논산지원 2016.07.12 2016고단191
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal record] On July 25, 2014, the Defendant was sentenced to ten months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Support for the Daejeon District Court (Egressor), etc., and the remaining term of imprisonment with prison labor on April 30, 2015 was terminated on May 24, 2015.

[Criminal facts]

1. On March 28, 2016, the Defendant driven Cbeer or car while under the influence of alcohol concentration of about 0.096% without obtaining a driver’s license from about 10km section from around 10km to around the road in front of a cafeteria in the trade name of the Seog-si, Seosan-si, Seosan-si, Seosan-si, Seosan-si, to the front day of the Chungcheongnamnam-si, Seosan-si, Seosan-si, the Defendant driven the Cbeer or car under the influence of alcohol concentration of 0.096%.

2. The Defendant in violation of the Guarantee of Automobile Compensation for Damages is Cbeh or a passenger car holder.

No person shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, the defendant operated the car without mandatory insurance at the same time and place as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. Inquiry into mandatory insurance;

1. Investigation report (Binding into the ledger of suspect's driver's licenses);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes of investigation report (fixtures, etc. of identical military records prior to

1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages, concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount.

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