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(영문) 대전지방법원 2015.11.26 2015고단3382
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 30, 2007, the Defendant was sentenced to a fine of one million won or more for a violation of the Road Traffic Act at the Daejeon District Court on April 1, 2008 to a fine of two million won or more for a violation of the Road Traffic Act, at the Daejeon District Court on April 1, 2008, and on June 18, 2009, two years of a suspended sentence with imprisonment for a violation of the Road Traffic Act at the Daejeon District Court on November 26, 2010, and eight months of imprisonment for a violation of the Road Traffic Act at the Daejeon District Court on November 26, 201, respectively.

After that, on July 22, 2014, the Daejeon District Court sentenced six months of imprisonment for violation of the Road Traffic Act (Non-licensed Driving) and completed the execution of the sentence in the Daejeon Prison on January 19, 2015.

On September 21, 2015, at around 22:35, the Defendant: (a) moved to a car while under the influence of alcohol level of about 0.074% at a section of about 500 meters from the front of the Jungdong-dong community service center located in Daejeon Seo-gu, Daejeon to the front of the Handong-dong, Daejeon to the front of the Handong-dong, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the state of driving under drinking;

1. Inquiry reports, such as criminal records, and application of Acts and subordinate statutes for each investigation report (No. 8 and 9 evidence list);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that a person again commits the instant crime without being aware of the fact that he/she committed the instant crime for a repeated crime (related to driving without obtaining a license) during the period of a repeated crime (related to driving without obtaining a license), reflects the fact that the same kind of power is high, the degree of

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