beta
(영문) 대전지방법원 논산지원 2016.06.28 2015고단237

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

[Criminal history] On April 26, 2013, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (drinking driving) in the Daejeon District Court’s Support for Seosan.

[Criminal facts]

1. On September 24, 2014, the Defendant driven C-II cargo vehicle while under the influence of alcohol content of about 0.192% in blood without obtaining a driver’s license from around 200 meters in the section of about 200 meters from the trade name in front of a cafeteria in the city of Seosan-gu, Seosan-si to the three-way road, such as a dust in the inside of the same Eup/Myeon.

2. On October 27, 2014, the Defendant driven C-II cargo vehicle under the influence of alcohol concentration of 0.138% in the blood without obtaining a driver’s license from around 8km to the road located in 29-17, 2014, located in the middle of a mutually unclaimed restaurant in the city of Seosan-gu, Seosan-si, Seosan-si, to October 27, 2014.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of the driver at each driving school and a report on the circumstances of the driver at each driving school;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on the same kind of force);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense; Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of self-driving on September 24, 2014); Articles 148-2(1)1 and 44(1) (the point of self-driving on October 27, 2014) of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act (hereinafter "the following reasons for sentencing") are as follows.