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(영문) 대전지방법원 2016.09.27 2016고단1300

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 700,000 for a crime of violating the Road Traffic Act (drinking driving) on December 26, 2002, and was sentenced to a fine of KRW 1 million for a crime of violating the Road Traffic Act in the Daejeon District Court's Support on November 14, 2006, and was sentenced to a fine of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court on October 24, 201, and was sentenced to a fine of KRW 2.5 million for a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daejeon District Court on November 19, 2015.

[2] On January 27, 2016, the Defendant driven a rash car under the influence of alcohol content of 0.167% while under the influence of alcohol without obtaining a driver’s license from the front of the error Dong-dong, Daejeon, Daejeon, to approximately 2km off the 103-dong parking lot of Daejeon-dong, Daejeon, the Defendant driven a Rash car without obtaining a driver’s license from around 02:51.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the circumstantial report of the driver involved in driving, the report on detection of the driver involved in driving, the response to a request for appraisal, the written appraisal of alcohol during blood, the driver's license register, and the results of regulating the driving of drinking;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

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. Imprisonment with prison labor chosen;

1. Although the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act are contrary to the defendant's reasons for sentencing under Article 55(1)3 of the Act on Reduction of Small Quantity, the defendant was driving without a driver's license, drinking level is high, the defendant committed the crime in this case again during the suspension period of execution of the same kind of crime, and other various sentencing conditions such as the defendant's age, sexual behavior, environment, etc. shall be comprehensively considered and determined as ordered.