beta
(영문) 대전지방법원 홍성지원 2017.01.17 2016고단768

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

[criminal history] On October 22, 2010, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspension of execution on September 27, 2016, with prison labor for a crime of violating the Road Traffic Act (drinking) at the Suwon District Court's Suwon District Court's horizontal support on February 13, 2013, with a fine of 4 million won or more for the same crime. On January 21, 2014, the same court was sentenced to imprisonment with prison labor for 8 months and 2 years of suspension of execution. The same court was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (drinking) at the same court on September 27, 2016.

[2] A person who violated Article 44 (1) of the Road Traffic Act on at least two occasions and violates Article 44 (1) of the Road Traffic Act again;

1. On October 20, 2016, around 17:10, at around 17:10, a person driving a non-registered two-wheeled motor vehicle without obtaining a motor device license and without obtaining a motor device license, under the influence of alcohol content at approximately 0.164 percent in the section of approximately 2km from the road in the Hongsung-gun Hong-gun Red-gun, Hongsung-gun, to the front road of the 11-lane apartment of the same Eup culture of the Eup.

2. On October 24, 2016, around 20:10, a person driving a two-wheeled vehicle without a motor device license, which is not covered by mandatory insurance without obtaining a motor device license, on the section of approximately 800 meters of alcohol concentration from the section of approximately 800:151 percent of alcohol concentration in the blood, from the front of the center to the front road of the same Eup, 143-gil-ro 143, a 500-ro, from the front of the center of Hongsung-gun, Hongsung-gun, Hongsung-gun, Hongsung-gun, the center.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Reports on the occurrence of each traffic accident and the actual investigation report on each actual condition;

1. Report on detection of the driver at each driving school, report on the circumstances of the driver at each driving school, and the register of driver's licenses;

1. Investigation report (to attach details of mandatory insurance inquiries under the suspect's name);

1. Previous records: The results of inquiry and the application of Acts and subordinate statutes to report criminal investigations (report attached to the cases of the same kind of suspect);

1. Article 148-2 (1) 1 of the Road Traffic Act (the act of driving under drinking), Article 154 subparagraph 2 and Article 43 of the Road Traffic Act concerning facts constituting an offense (the act of driving under influence of alcohol) of the relevant Act