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(영문) 대전지방법원 2017.07.12 2017고단1842

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for one year.

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

The defendant, at the Daejeon District Court on August 17, 2007, has the power to receive a summary order of KRW 1 million for a crime of violating the Road Traffic Act, such as a fine of KRW 1 million for a violation of the Road Traffic Act, a fine of KRW 2.5 million for a violation of the Road Traffic Act on February 15, 2008, and a fine of KRW 5 million by the same court on October 10, 2016 for a violation of the Road Traffic Act.

On April 28, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle at around 23:55, driven a motor vehicle with about 100 meters from the 100-meter radius to the front road of the ordinary motor vehicle trading company located in the Daejeon Seo-gu, Daejeon, with alcohol content of 0.162% in alcohol during blood.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Report on the circumstances of driving without a license;

1. Application of an inquiry letter, such as criminal history, and an investigation report (in addition to a copy of a summary order issued on the same type of crime);

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

1. Selection of imprisonment with prison labor chosen;

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

1. Taking account of the fact that orders to attend lectures and orders to provide community service order had three times the previous convictions of fines in the same kind for sentencing under Article 62-2 of the Criminal Act, and that the concentration of alcohol in blood was significantly high at the time of the instant case.

Considering the fact that the mistake is divided, reflected, and the recidivism is not committed, there is no previous conviction or more than a suspended sentence, and the distance of driving under drinking is not relatively long, etc. in favorable circumstances.

In addition, the age, sex, environment, etc. of the defendant.