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(영문) 대전지방법원 2018.08.23 2018고단726

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for up to seven months.

Reasons

Punishment of the crime

[criminal history] On March 10, 2016, the Defendant was sentenced to the Daejeon District Court to a summary order of KRW 5 million for the crime of violation of the Road Traffic Act (unlicensed Driving) and the crime of violation of the Road Traffic Act (drinking), and was sentenced to a fine of KRW 5 million on five occasions, three times the driving experience of drinking, three times the driving experience of drinking, and one time the refusal to measure drinking, and on July 27, 2017, the judgment became final and conclusive on May 3, 2018, by obstructing business operations with the Daejeon District Court.

[2] On February 15, 2018, the Defendant was under the influence of alcohol of 0.198% in blood without a vehicle driver’s license on February 15, 2018, and the Defendant driven B rocketing car from the entrance of the filial village apartment in the Sungnam-dong, Daejeon-dong to the second floor parking lot in the 209 East-dong, Daejeon-dong, to the second floor apartment in the 200-dong underground village.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Reporting on the arrest of the case;

1. Inquiries about the results of crackdown on driving alcohol;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Each investigation report and accompanying documents;

1. A written inquiry about criminal history;

1. Application of two separate Acts and subordinate statutes of the judgment;

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

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. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: (a) there are favorable circumstances, such as the fact that the defendant confessions the reason for sentencing under Article 39(1) of the Criminal Code, and the fact that the defendant is against himself, and should consider equality with the case of concurrent judgment, such as the obstruction of business affairs in the judgment that became final and conclusive; (b) however, the defendant was punished on July 27, 1997 for the same kind of crime as non-licensed driving, three times of drinking driving, and one time of refusing to measure drinking without obtaining the driver's license since the cancellation of the driver's