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(영문) 대전지방법원 논산지원 2017.02.17 2017고단23
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] The Defendant, in the support of the Daejeon District Court on January 22, 2015, was punished by a fine of seven million won due to a violation of road traffic law in the support of the Daejeon District Court, and on January 27, 2014, was punished by a fine of five million won due to a violation of road traffic law in the same court on January 27, 2014, and was punished by a fine of five million won.

[Criminal facts]

1. The Defendant, on October 18, 2016, driven a motor device without obtaining a motor device license in the state of alcohol concentration of about 0.110% from the section of about 500 meters from around 15:19 to the road located in the name of both sides of Seosan-si, Seosan-si, to the 1328 front road.

2. On October 19, 2016, the Defendant: (a) driven a motor vehicle with the Fwing three cargo vehicles without obtaining a driver’s license in the state of alcohol concentration of about 1km from around 1km to the road located in E, around 18:35, Seosan-si, Seosan-si, to October 19, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. An accident scene photograph;

1. Previous convictions in judgment: References to inquiries, such as criminal history, reports on the results of confirmation of the previous convictions and reports, and the application of Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking) of the Road Traffic Act, Article 154 subparagraph 2, Article 43 (the point of driving a bicycle without a license for motor device) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences;

1. Selection of each sentence of imprisonment;

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

1. Although the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act are not favorable circumstances, such as the defendant's mistake is against the defendant, and the defendant's disposal of the cargo owned by the defendant.

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