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(영문) 대전지방법원 2014.06.12 2014고단1146

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On May 6, 2009, the Defendant was sentenced to 10 months of imprisonment for a violation of the Road Traffic Act, etc. in the support of the Daejeon District Court, Daejeon District Court on May 6, 2009. On May 20, 201, the Defendant was sentenced to 6 months of imprisonment for a violation of the Road Traffic Act, etc. in the astronomical Branch of the Daejeon District Court on May 20, 201 and completed the execution of the sentence in the astronomical Prison on October 12, 201.

【Criminal Facts】

On August 18, 2013, at around 06:40, the Defendant driven a e-made car under the influence of alcohol content of about 0.193%, without obtaining a driver’s license, from the 12km section of 12km to the front road of the construction site of an apartment in the same river located in the Yong-dong, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, 07:10.

As a result, the defendant has violated Article 44 (1) of the Road Traffic Act not less than twice and has driven a motor vehicle under the influence of alcohol in violation of this provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in the judgment: Criminal history records, etc., personal identification and confinement status, and application of Acts and subordinate statutes to investigation reports (verification of criminal records of sound driving);

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

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

1. Selection of imprisonment with prison labor chosen;

1. The sentencing of Article 35 of the Criminal Act among repeated offenders shall be determined as ordered in consideration of the following circumstances.

Unfavorable circumstances - The defendant's age, family relationship, etc. shall be considered in light of the fact that there are many criminal records of the same kind, the crime of the instant case is committed again during the period of the same repeated crime, the risk of recidivism is high - the circumstances favorable to high drinking water - other circumstances such as reflectivity: