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(영문) 대전지방법원 천안지원 2013.12.24 2013고단1320
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal power] On October 31, 2006, the Defendant was issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act (driving) at the Seocheon Branch of the Daejeon District Court on July 27, 2007. On January 29, 2010, the Defendant was sentenced to a suspended sentence of 2 months for a crime of violating the Road Traffic Act (driving) at the Seocheon Branch of the Daejeon District Court on July 27, 2007. On January 29, 2010, the Defendant was sentenced to a summary order of 7 million won for a fine for a violation of the Road Traffic Act (driving) at the Seocheon Branch of the Daejeon District Court on September 26, 2012, and the execution of the sentence was terminated on May 26, 2013.

【Criminal Facts】

At around 18:10 on August 28, 2013, the Defendant driven a bicycle with approximately 3 km section from 18:25c motor without a driving license, under the influence of alcohol concentration of about 0.262%, from 18:10 to 307 in front roads of the Yansan apartment located in the Cheongdong-dong, Chungcheongnam-dong, Chungcheongnam-dong, Chungcheongnam-gu, Chungcheongnam-gu, Yandong-dong, Chungcheongnam-gu, Yandong-gu, to the Cheongdong-dong, Yandong-gu, Yan

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of a drinking driver, and the written report on the status of a drinking driver;

1. The driver's license ledger;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving sound), subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. The reason for sentencing of alternative sentence of imprisonment with prison labor lies in nine times or more as a drunk driving, and further, even though a repeated crime is being committed due to a drunk driving, it is difficult to sentence imprisonment with prison labor on the ground that the defendant's reason for sentencing of alternative sentence of imprisonment with prison labor is under the influence of alcohol and without obtaining a license.

However, it is necessary to provide hospitalized treatment because the health condition is not very good due to alcohol liveration, etc. accompanied by multiple defendants.

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