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(영문) 대전지방법원 2015.11.26 2015고단3382

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 30, 2007, the Defendant was sentenced to a fine of one million won or more for a violation of the Road Traffic Act at the Daejeon District Court on April 1, 2008 to a fine of two million won or more for a violation of the Road Traffic Act, at the Daejeon District Court on April 1, 2008, and on June 18, 2009, two years of a suspended sentence with imprisonment for a violation of the Road Traffic Act at the Daejeon District Court on November 26, 2010, and eight months of imprisonment for a violation of the Road Traffic Act at the Daejeon District Court on November 26, 201, respectively. < Amended by Act No. 11448, Oct. 11, 2012>

After that, on July 22, 2014, the Daejeon District Court sentenced six months of imprisonment for violation of the Road Traffic Act (Non-licensed Driving) and completed the execution of the sentence in the Daejeon Prison on January 19, 2015.

On September 21, 2015, at around 22:35, the Defendant: (a) moved to a car while under the influence of alcohol level of about 0.074% at a section of about 500 meters from the front of the Jungdong-dong community service center located in Daejeon Seo-gu, Daejeon to the front of the Handong-dong, Daejeon to the front of the Handong-dong, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the state of driving under drinking;

1. Inquiry reports, such as criminal records, and application of Acts and subordinate statutes for each investigation report (No. 8 and 9 evidence list);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that a person again commits the instant crime without being aware of the fact that he/she committed the instant crime for a repeated crime (related to driving without obtaining a license) during the period of a repeated crime (related to driving without obtaining a license), reflects the fact that the same kind of power is high, the degree of