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(영문) 춘천지방법원 영월지원 2017.03.21 2016고단363

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal history] On August 23, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for larceny in the Daejeon District Court’s Incheon Branch, and completed the execution of the sentence on December 28, 2013 at the Incheon Prison on December 28, 2013. On May 7, 2015, the same court was sentenced to six months of imprisonment with prison labor for larceny, violation of road traffic law (unlicensed driving), and violation of road traffic law (on September 9, 2015, and completed the execution of the sentence at the Incheon Prison on September 9, 2015.

[2] On September 3, 2016, the Defendant, while under the influence of alcohol more than 0.1% during blood transfusion, operated a section of approximately 3 to 4 km from the front of the “agropool for public use,” which is in an account of the crossing of the Gangseo-gu Pyeongtaek-gun Rental Housing Ordinance, with no vehicle driver’s license, to the front of the “agropool for public use,” which is in the direction of the extension of the term “agropool for public use,” in the direction of the extension of the term “agropo golf club,” located in the same 325 square-ro, in the same direction.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reporting (criminal history);

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

1. Selection of each sentence of imprisonment;

1. In light of the fact that the Defendant for the reason of sentencing Article 35 of the Aggravation of Cumulative Cumulative Offense Act had been punished due to the same type of unlicensed driving, etc., but again commits the instant crime during the period of repeated crime, and that the blood alcohol concentration level exceeds 0.1% at the time of driving, etc., it is necessary to strictly punish the Defendant.

However, the punishment as ordered shall be determined by taking into account all the sentencing conditions shown in the pleadings of this case, such as the fact that the defendant reflects the wrongness, the age, sex, environment, criminal records, criminal records, the circumstances after the crime, etc.