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(영문) 대전지방법원 2017.04.28 2016고단3893

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On June 29, 2016, the Defendant was sentenced to a suspended sentence of one-year imprisonment for a violation of road traffic laws at the Daejeon District Court on the grounds of a violation of road traffic laws, and the sentence becomes final and conclusive on July 7, 2016, and is currently under suspended sentence.

On July 24, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle at around 15:20 on July 24, 2016, driven a cussh motor vehicle at a potash restaurant with alcohol concentration of 0.267% in the blood, where the trade name in the Daejeon Jungcheon-gu cannot be known, from around 6km to the NANN, to the same NAN.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of a statement in the circumstances of the driver at home;

1. Entry into the ledger of driver's licenses;

1. Application of statutes stating judgment, etc.;

1. Article 148-2 (2) 1 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. Consideration of the grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act, crimes during the suspension period of the execution of the same kind of crime, alcohol concentration in the blood of this case, etc.