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(영문) 대전지방법원 2016.12.13 2016고단2678

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 9, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for special intimidation at the Daejeon District Court on August 9, 2016 and the judgment became final and conclusive on November 17, 2016.

On August 2, 2010, the defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on August 2, 201, and on April 5, 2011, the same court was sentenced to a suspended sentence of two years for eight months, and on April 5, 2012, the same court was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (Refusal of measurement).

Defendant 1 on August 8, 2016, at around 13:40, 13:40, and 3:0, 3:00,000.

From the front of the 8 king-ro 13 king-ro 13 to the front of the 5km-ro 13 king-ro 13 king-ro 2, the driver did not obtain a motorcycle driver's license, but did not purchase a mandatory insurance policy under the influence of alcohol concentration of 0.172%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation, report on the state of drinking drivers, notification on the results of the control of drinking driving, inquiry into the results of the control of drinking driving, mandatory insurance, and vehicle driving certificate;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of a copy of the same kind of judgment);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. An unfavorable circumstance and the defendant, such as the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is high, the defendant has a suspended sentence and the criminal records sentenced to a fine on the same kind of crime, etc.