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(영문) 대전지방법원 2017.03.14 2016고단4320

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On November 15, 2016, the Defendant was sentenced to 8 months of imprisonment for a violation of road traffic law in the Daejeon District Court's support on November 15, 2016 and was currently tried at the Daejeon District Court and had the same record nine times of imprisonment.

On November 14, 2016, the Defendant was under the influence of alcohol content of 0.066% in blood without obtaining a driver’s license for a motor vehicle at around 20:50 on November 14, 2016, and the Defendant driven a Bcoon car from Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, Gyeongcheon-gun, to 3rd 58 roads in high e.g., in high e., in high e., e., e.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous convictions and previous convictions of the disposition, the current status of acceptances by individuals, investigation reports (Attachment to judgments of the same kind of

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of alternative imprisonment with prison labor (the following extenuating circumstances out of the grounds for sentencing shall be considered):

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include not only five times a fine due to drinking driving, driving without a license, the suspension of one-time imprisonment, and the two-time imprisonment with labor, but also the following day of the instant crime, the Defendant was sentenced to a more punishment on one occasion by drinking.

In that drinking driving is highly likely to cause harm to the life and body of others as well as himself/herself, the nature of the crime is not weak.

In this respect, the defendant needs to be punished strictly.

However, the Defendant, who led to the confession of the instant crime, reflects the Defendant’s depth in depth, whose alcohol content in blood was not high, and the Defendant may be treated as concurrent crimes with the instant crime.