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(영문) 대전지방법원 2014.09.26 2014고단2796

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 27, 2008, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on November 27, 2008, and six months for imprisonment with labor for the same crime in the same court on November 20, 209.

On February 21, 2014, the Defendant was sentenced to a suspended sentence of two years and a fine of 300,000 won for one year of imprisonment with labor for the same offense in the same court, and the judgment became final and conclusive on September 25, 2014.

On April 18, 2014, the Defendant driven Dpoter vehicles with blood alcohol concentration of 0.192% without obtaining a driver's license on the front road in Seocho-si, Seosan-si, and at around 01:07.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a driver and the ledger of driver's licenses;

1. Application of a copy of the search screen of Daejeon District Court Decision 2014No785, Daejeon District Court Decision 2014No785, Daejeon District Court Decision 2014No785;

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. A person who continues to drive without a license under the same type of punishment for the reasons for sentencing under the latter part of Article 37, Article 39(1) of the Criminal Act, one time of the same suspended sentence, nine times of fines, and five times of high drinking. From the perspective of special preventive effect, the sentence of a fine for a suspension of execution is difficult to prevent the same crime of the defendant, and the risk of recidivism is determined high, and recidivism was committed only for about six months from the date of the crime of the same suspended sentence. While the person was released by the sentence of the suspended sentence on February 21, 2014, the person was detained in the trial of the court of first instance and was released by the sentence of the suspended sentence on February 21, 2014, the previous sentence of the suspended sentence and the principal sentence of the previous suspended sentence are considered, and the same suspended sentence is considered.