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(영문) 대전지방법원 천안지원 2015.06.18 2015고단700

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 11, 2011, the Defendant was sentenced to a summary order of a fine of three million won due to a violation of the Road Traffic Act, etc. in the support of the Daejeon District Court on April 11, 201, and on February 1, 2011, the same court issued a summary order of five million won due to the same crime, etc. in the same court, and on April 28, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes. < Amended by Act No. 13283, May 7, 2015>

Despite the fact that the Defendant violated the provision on the prohibition of drunk driving twice or more times, the Defendant, at around April 21, 2015, driven a B Sti-type car under the influence of alcohol with approximately 300 meters alcohol concentration 0.05% while under the influence of alcohol, without obtaining a driver’s license in the section of about 300 meters from the road near the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu to the road in front of the same sexual wave.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the situation of drinking driving;

1. Report on the situation of driving without a license, and a driver’s license inquiry;

1. Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 (the punishment shall be imposed for a violation of the Road Traffic Act with heavier punishment);

1. Imprisonment with prison labor chosen;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (the former part of Article 37 and Article 39 (1) of the same Act concerning the punishment, etc. of Specific Crimes in the market,

1. Although the crime of this case is committed while being tried as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the judgment of the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act, punishment shall be imposed in consideration of the fact that the crime of this case could have been punished together with the previous conviction in the judgment.