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(영문) 대전지방법원 2017.10.25 2017고단3102

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On June 15, 2009, the Defendant was issued a summary order of a fine of KRW 4 million due to a violation of road traffic law (drinking driving), etc. in the Busan District Court's Branch Branch of the Incheon District Court, and on September 9, 2016, the Defendant was sentenced to a suspended sentence of two years for six months, due to a violation of road traffic law (drinking driving) in the support of the Daejeon District Court Seosan Branch of the Daejeon District Court, and was sentenced to a suspended sentence of two years on September 20, 2016, and

On July 16, 2017, the Defendant, without obtaining a driver’s license on a motor vehicle around 14:40, driving a motor vehicle with a alcohol content of 0.077% in the blood while under the influence of alcohol during blood, from approximately 2 km section to the string road located in the front of the orchard Dong-dong Daejeon, Seo-gu, Seo-gu, Daejeon, to the string-down road of the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions indicated in judgment: Results of inquiry, investigation reports (the facts constituting the crime during the period of suspension of execution), and application of Acts and subordinate statutes to report an investigation (Attachment to the same summary order);

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. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of weight: The three times the criminal records of drunk driving and four times the criminal records of unlicensed driving, as well as the previous records of the criminal records of non-licensed driving, which are favorable to the fact that another person commits a crime committed during the period during which the same kind of crime is suspended: The decision of the sentence that confessions and reflects the above circumstances: The above circumstances are different from the defendant's age, sexual behavior, environment, motive, means, means and consequence of the crime, and various conditions of sentencing specified in the arguments of this case, including the circumstances after the crime;