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(영문) 대전지방법원 2014.12.23 2014고단3925
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 31, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on December 31, 2009, and a fine of two million won for the same crime at the same court on November 15, 2010.

On July 9, 2014, at around 22:35, the Defendant driven a D-wing truck with approximately 500 meters of alcohol level 0.142% under the influence of alcohol level 0.142%, without a driver’s license, from the Do in front of the Daejeon-gu, Daejeon-gu, where it is impossible to find out the trade name of the Dong-gu, Daejeon-gu, Daejeon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The report on the results of crackdown on drinking driving and the driver's license register;

1. Application of statutes concerning criminal records;

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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Consideration of the fact that discretionary mitigation of punishment under Articles 53 and 55(1)3 of the Criminal Act is rendered once the same suspended sentence for the reason of sentencing (2010), eight times the same fine, and one time a fine for a different kind of punishment as at the time of a fine for the same kind of punishment, and that the higher drinking and the higher social relationship while the appellate court continues to serve is unclear;

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