beta
(영문) 대전지방법원 천안지원 2018.07.20 2017고단2838

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On May 23, 2014, the Defendant was released on March 30, 2015, when he was sentenced to two years of imprisonment with prison labor due to a crime, etc. by the Incheon District Court, and the remaining term of imprisonment has expired on May 5, 2015.

On September 27, 2012, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Incheon District Court Branch on September 27, 2012. On April 25, 2016, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) from the Seocheon Branch Branch of the Daejeon District Court on April 25, 2016.

On October 7, 2017, the Defendant, while under the influence of alcohol content 0.139% during blood transfusion around 03:08, operated C E300 automobiles at the section of about 1km from the front of a mutual influorite fluorite to the front road of Asan City, Asan City, a c E300-car, without obtaining a driver’s license, in the influence of alcohol content 0.139%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. Inquiries about the results of crackdown on driving alcohol;

1. The driver's license ledger;

1. An accident scene photograph;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, report on the result of confirmation of the failure to take the disposition, four copies of the investigation report (verification of the suspect's repeated crime) shall be applied

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 35 of the Criminal Act for aggravated repeated crimes;

1. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount are against his/her will to recognize his/her mistake.

However, the Defendant had been subject to punishment prior to the instant case, and among them, the Defendant had been punished for traffic-related crimes, including drinking, several times, and even a criminal whose judgment has become final and conclusive has committed the instant crime even though he/she was punished for committing a crime, etc., and committed the instant crime.

(b) the defendant;