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(영문) 대전지방법원 서산지원 2018.10.10 2018고단827

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 26, 2014, the Defendant was sentenced to imprisonment for 8 months or 2 years of probation for a violation of road traffic law in the Seosan Branch of the Daejeon District Court on September 26, 2014, and was sentenced to imprisonment for the same crime in the same court on March 9, 2017, and was under probation for 1 year, 2 years of probation for the same crime, and was sentenced to imprisonment for 2 or more times of drinking driving.

Nevertheless, on July 30, 2018, the Defendant driven a sports cargo vehicle at G Coin also while under the influence of alcohol for about 0.135%, without obtaining a driver’s license from the front side of the “D Scki” to the “D Scki”-dong parking lot located in Seosan-si, Seosan-si, Seoul, to around 15km, and driving a sports cargo vehicle under the influence of alcohol for about 0.135%.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the driver's license ledger, notification of the results of regulating the driving of alcohol, report on the circumstances of the driver's license, and the register of measuring instruments using alcohol;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (including attached documents, such as written previous rulings attached to such previous rulings) (including attached documents, such as written judgments);

1. Relevant legal provisions concerning criminal facts;

(a) Driving alcohol: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: 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 Competition;

1. Selection of imprisonment with prison labor chosen;

1. It is so decided as per Disposition by taking into account the following factors: Articles 53 and 55 subparag. 1 subparag. 3 of the Criminal Act (hereinafter the following sentencing grounds) of the same kind of reasons for sentencing; the suspended sentence was imposed for the same kind of crime; the defendant repeats the crime during the suspended sentence period; the defendant reflects his fault in depth; and other conditions for sentencing such as the defendant’s age and sexual conduct.