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(영문) 대전지방법원 2016.04.06 2016고단154

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 20, 2008, the Defendant was sentenced to a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), and was sentenced to a suspended sentence of KRW 6 months for the same crime at the Cheongju District Court on July 18, 2008. On December 2, 2015, the Defendant was sentenced to a summary order of KRW 9 million for the same crime from the Suwon District Court on December 2, 2015.

On December 10, 2015, the Defendant driven a CMF car without obtaining a driver’s license from around 21:20 around 15 km to the CMF car while under the influence of alcohol with approximately 0.128% alcohol content from around 15 km to the CMF car in front of the restaurant in which it is impossible to identify the name located in the Nam-dong of Cheongju-si, Cheongju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, an investigation report on actual condition and a statement on the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Inquiry into criminal history, reporting on the results of previous convictions and reporting on the results of investigation (Attachment to the judgment of the same case) by statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. The criminal records of a fine due to driving under the influence of alcohol on the grounds of the sentencing of selective sentence of imprisonment, which led to four times, and the criminal records of suspended sentence are also included.

There are criminal records of fines due to driving without a license.

Furthermore, on December 2, 2015, the Defendant received a summary order of a fine of KRW 9 million from a fine of KRW 8 million on the ground of a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon method, and again committed each of the crimes in this case.

The alcohol concentration in blood is not low, and the distance of drinking driving is also reasonable.

Considering these points, the sentence of sentence is inevitable for the defendant.

In addition, the sentencing conditions shown in the argument of this case, such as the defendant's age, sex, environment, etc., are considered.