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(영문) 대전지방법원 2018.05.03 2018고단352

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 27, 2017, the Defendant received a summary order of a fine of three million won or more for a violation of the Road Traffic Act (drinking driving) from the Daejeon District Court on March 27, 2017, and a summary order of 1.5 million won or more for the same crime at the same court on March 2, 2010, respectively.

On December 20, 2017, at around 01:38, the Defendant driven a B B B B B-S car under the influence of 0.144%, without a vehicle driver’s license, from the front road of a singingro singing shop, to the front road of a 35-lane 100 meters wide from a new sing-sing-sing-sing-sing shop, with a new sing-sing-sing range.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. A report on internal investigation and a control field photograph;

1. Application of Acts and subordinate statutes to a computer inquiry request, a written inquiry, such as a criminal history, and a report on investigation (report on filing of a summary order of the same kind of suspect record);

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. Article 40 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although an order of community service and order of education provided for in Article 62-2 of the Criminal Act repeats drinking driving even three times the period of punishment due to driving of drinking alcohol for the reason of sentencing, and considering the high drinking level, the defendant should be punished strictly. However, the fact that the defendant's mistake is recognized and rebuttals, and other factors of sentencing indicated in the records, such as the defendant's age, sex, home environment, etc., shall be determined by taking into account all of the factors of sentencing