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(영문) 대전지방법원 2019.01.24 2018고단4126

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On May 13, 2016, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspension of execution for a violation of the Road Traffic Act at the Daejeon District Court on May 13, 2016. On November 6, 2015, the same court received a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) and received a fine of KRW 1.5 million from the same court on September 26, 201, and received a summary order of KRW 1.5 million as a fine for the same crime at least twice.

【Criminal Facts】

On September 26, 2018, at around 22:10, the Defendant driven a fa-purd motor vehicle without a driver’s license, while under the influence of alcohol content of approximately 0.130% from the 2km section from around C High School located in Daejeon Seo-gu B to the front corner of E Elementary School located in the same Gu D.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Grounds for aggravation of the grounds for imposing selective imprisonment with prison labor: Confession of a fine due to the same kind of crime, accumulated records of criminal punishment under suspension of execution, identical recidivism, and density of blood alcohol with a higher level (0.094% on September 26, 201 / 107% on November 6, 201 / 107% on May 13, 2016 / 130.082% on September 13, 2016/130% on September 26, 2018 / Grounds for mitigation, such as the likelihood of non-licensed driving, etc.: Confession, dependants (a woman and prospective foreign entry, etc