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(영문) 대전지방법원 2013.07.19 2013고단1809
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 21, 2008, the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (driving) at the Daejeon District Court, etc. on May 23, 2008, to a fine of three million won due to the same offense, etc. at the same court on May 23, 2008, two years of suspended sentence in June, 2009, the same court on July 9, 2009, to a fine of three million won due to the same offense, etc. at the same court on December 16, 2010, and two years of suspended sentence in August.

[2013 Highest 1809] On March 23, 2013, the Defendant driven approximately 200 meters from the Do in front of the Daejeon Dong-dong Seodong District Exhibition Center, to the Do in front of the Taedong-dong Military Exhibition Center, while under the influence of alcohol by 0.157% of the blood alcohol concentration without a motorcycle driver's license on March 23, 2013.

[20] On May 29, 2013, the Defendant driven approximately 4 km from May 2013, 2013 to the 1538 Haak-ro 1538 Haak-gu, Daejeon Central Market, Daejeon, under the influence of alcohol by 0.157% of blood alcohol concentration without a motorcycle driver's license.

Summary of Evidence

[2013 Highest 1809]

1. Defendant's legal statement;

1. Report on detection of a motor vehicle driver, and the license ledger (20 high-ranking 200);

1. Defendant's legal statement;

1. Report on detection of motor vehicle drivers, and the register of motor vehicle driving licenses (formers);

1. Application of Acts and subordinate statutes, such as criminal records;

1. Subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (the point of driving a motorcycle without a license for driving a motorcycle) of each Article of the corresponding Act on the facts constituting an offense, as provided in Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act;

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

1. Selection of each sentence of imprisonment;

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

1. Discretionary mitigation of sentence is a criminal record of a majority of the reasons for sentencing under Articles 53 and 55(1)3 (i.e., age of the accused, driving distance, etc.) of the Criminal Act, and under the highest drinking level even though the court has been prior to the same crime during the period of probation, even though it was fit by the court.

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