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(영문) 대전지방법원 서산지원 2016.11.29 2016고단654

도로교통법위반(음주운전)등

Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

On September 28, 2016, the Defendant issued a summary order of a fine of three million won for a violation of the Road Traffic Act at the Seosan Branch of the Daejeon District Court on September 28, 2016, and on September 16, 2010, the Defendant was sentenced to a summary order of a fine of three million won for the same crime at the same court on September 16, 2010, and was sentenced to a summary order of a fine of three million won or more for the same crime.

On September 23, 2016, at around 18:02, the Defendant driven B rocketing car with approximately 300 meters alcohol level under the influence of alcohol level of 0.169% without obtaining a driver’s license from the front of the restaurant where the trade name of the “Yanunununununab” located in the Taean-gun, Taean-gun, Taean-gun, Taean-gun, Taean-gun, Taean-gun, Taean-gun, the Republic of Korea, cannot be seen.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of state of drivers, and the register of driver's licenses;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The sentence of imprisonment for the instant crime is inevitable because it repeatedly committed the instant crime even though it was committed for the same kind of crime for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.

The punishment as ordered shall be determined in consideration of all the sentencing conditions, such as the age, character, conduct, environment, circumstances, means and result of the crime, and the circumstances after the crime.