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(영문) 대전지방법원 서산지원 2013.05.30 2012고단1162
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On October 18, 2012, the Defendant was sentenced to 8 months in imprisonment with prison labor due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving) and 2 years in the Seosan Branch of the Daejeon District Court, and the above judgment was finalized on October 26, 2012.

【Criminal Facts】

On October 28, 2012, the Defendant, without obtaining a driver's license at around 21:25, driven a Dtetrain vehicle over a section of about 10 km from the Yaeng-si in Chungcheongnam-si to the two side of the two knife-dong in the same city from the Yaeng-si in Seonam-si, Chungcheongnam-si, Seonam-si without obtaining a driver's license at around 0.096.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of the ledger of driver's licenses and the Acts and subordinate statutes concerning car checking;

1. Relevant provisions of Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime, and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act;

1. Crimes of violation of Articles 40 and 50 of the Criminal Act (Punishment for the violation of the Road Traffic Act) of the ordinary concurrent crimes;

1. The Defendant, as in the previous record of the judgment, was subject to suspended sentence due to an accident during the drunk driving as stated in the judgment, and was under the influence of drinking and driving without a license again after the date of the final judgment.

Although the defendant is going to not commit a similar crime, it is inevitable to punish the defendant's behavior that represents the legal order.

Therefore, the defendant shall be sentenced to punishment, and the punishment shall be determined as ordered in consideration of all the circumstances.

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