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(영문) 대전지방법원 2018.04.17 2017고단4936

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 23, 2016, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court on March 23, 2016, and a fine of one million and five hundred thousand won as a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court on July 20, 2016, and on March 22, 2017, the Defendant was sentenced to a suspended sentence for six months and two years and is currently under suspended sentence.

On November 29, 2017, the Defendant 2017 Godan 4936, while under the influence of alcohol 0.180% in the section of about 20 meters from the Do in the direction of about 736 o.e., from the main point of the Gyeyang-gu Daejeon, the Defendant driven the Crane car on November 29, 2017, under the influence of alcohol 0.180% in the direction of about 75 o.e., from the Do in front of the main place of the meeting.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

On March 9, 2018, the Defendant driven CA car at a section of about 1 km from the second floor parking lot of beauty apartment to the front road of the new future elementary school located in the same Dong without obtaining a driver's license around 16:00 on March 9, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. An explanatory note;

1. Previous convictions as stated in the judgment: Inquiry into criminal history, report on investigation (Attachment of judgment related to the records of crime), application of Acts and subordinate statutes to report on investigation (the period of stay of execution of suspects

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;