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(영문) 대전지방법원 논산지원 2014.11.07 2014고단378
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 7, 2007, the Defendant was sentenced to a summary order of a fine of two million won due to a violation of the Road Traffic Act (driving) at the Daejeon District Court on September 7, 2007, and was sentenced to a suspended sentence of two years due to a violation of the Road Traffic Act (driving) at the resident support of the Daegu District Court on February 14, 2008 and was sentenced to a suspended sentence of two years for a violation of Article 44 (1) of the Road Traffic Act at least twice.

1. On August 10, 2014, at around 07:15, the Defendant driven CY125T-7 Orala without a motorcycle driver’s license, while under the influence of alcohol at approximately 2km from the 2km section from the scambane shop apartment to the 106 front roads of the same scambane shop apartment.

2. On September 13, 2014, around 11:30, the Defendant driven CY125T-7 Orala without a motorcycle driver’s license while under the influence of alcohol with approximately 0.107% of blood alcohol level from the 2km section from the front side of the Y125T-7 Simba to the front side of the Simamamamamba.

Summary of Evidence

1. Statement by the defendant in court;

1. Each actual condition survey report, each photograph, each report on the results of the control of drinking driving, each drinking driver's report on the circumstantial statements, the register of driver's licenses, inquiry into previous records, a copy of judgment, a copy of summary order, or the application of video-related Acts and subordinate statutes;

1. Subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the point of a driving without a license) of each of the corresponding provisions of the Road Traffic Act concerning the facts constituting a crime under Articles 148-2 (1) 1 and 44 (1) of the corresponding provisions of the Road Traffic Act;

1. A punishment provided for in Articles 40 and 50 (a punishment imposed on a violation of the Road Traffic Act as of August 10, 2014 and a violation of the Road Traffic Act as of September 13, 2014 and a violation of the Road Traffic Act as of September 13, 2014 and a violation of the Road Traffic Act as of September 13, 2014; and a punishment imposed on a violation of the Road Traffic Act as of which each punishment is heavier;

1. Selection of imprisonment with prison labor chosen;

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

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;

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