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(영문) 대전지방법원 천안지원 2012.11.21 2012고합240

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who was sentenced to a suspended sentence of two years on November 26, 2010 to one year after having been sentenced to a suspended sentence of two years for a violation of the Road Traffic Act in the support of the Daejeon District Court on November 18, 2010.

On August 26, 2012, the Defendant, without obtaining a driver’s license on August 26, 2012, operated the Brocketing car from around 24 km to the front road of a national bank located in the Cheongju-si, Cheongju-si, the convenience store in front of the convenience store, with a 7:00% alcohol concentration of 0.20%.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of an entry report, notice of completion of correction, and circumstantial statement report of an entry of an entry driver;

1. Entry in the register of driver's licenses;

1. The point of previous records of judgment: References to criminal records, report on the results of confirmation of the previous records of disposition, report on the same criminal records and the attachment of a copy of investigation report, and application of statutes stated in the judgment;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrences and selective punishment (limited to punishment imposed on a person who violates the Road Traffic Act, heavier than punishment, and choice of imprisonment);

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has reached four times the criminal records subject to punishment due to drunk driving or unlicensed driving so far. In particular, considering the fact that the defendant committed the crime again during the period of suspension of execution even though he was sentenced to a suspended sentence due to drunk driving and the act of a flight vehicle, etc., it is inevitable to sentence sentence against the defendant.

However, the degree of drinking in the previous criminal record of the defendant was not so high, and the actual driving of drinking alone has no record of being sentenced to a sentence.