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(영문) 대전지방법원 공주지원 2017.04.14 2015고단501

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【The Defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Daejeon District Court on January 3, 2007, and was sentenced to a fine of four million won for the same crime at the same court on February 7, 2014.

【Criminal Fact-finding on December 3, 2015, the Defendant driven a Kanbin vehicle with alcohol content of 0.171% at a level of about 50 meters from the entrance of the Cheongyang-gun, Chungcheongnam-gu, Cheongyang-gu, Chungcheongnam-do to the front road of the 102 Cheongyang-gu, Chungcheongnam-gu, Chungcheongnam-do without a vehicle driver’s license, at around 13:00.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A statement report on the circumstances of a driver driving a drinking, and inquiry of the results of crackdown on drinking driving, and an inspection report;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force), and application of the text of the judgment;

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;

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

1. The defendant had two different criminal records, and runs away during the trial, for the reason of sentencing selective sentencing of imprisonment with prison labor.

However, the fact that the defendant seems to have been led to confession and reflect shall be considered.

In this context, the defendant's age, sex, alcohol concentration in blood, frequency and frequency of driving alcohol, circumstances after the crime, etc. shall be determined by taking into account various circumstances such as the defendant's age, sex, and alcohol level, frequency and frequency of driving alcohol, circumstances after the crime.