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(영문) 대전지방법원 논산지원 2017.07.21 2017고단406
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to six months of imprisonment for a violation of road traffic law in the support of the Daejeon District Court Seosan on March 2008, and was sentenced to six months of imprisonment with prison labor for the same crime in the same court on May 15, 2009. On May 23, 2017, the Defendant was sentenced to three years of suspended sentence for one year of imprisonment with prison labor for the same crime in the same court on May 23, 2017 and was sentenced to three times of suspended sentence on May 31, 2017.

[Criminal facts] On May 29, 2017, the Defendant, without obtaining a license for a bicycle for a motor engine device at around 15:40, driving a non-registration 49cc., which was not covered by mandatory insurance at a distance of about 7 km from about 7 km to the front road of the 7 km-ro, 15-20cc, Y& 20cc, Kasan-si, Hasan-si, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, Masan-si, 15cc.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports, and Acts and subordinate statutes, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a motor vehicle which is not mandatory insurance);

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

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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;

1. The reason for sentencing under Article 53 and Article 55 (1) 3 of the Criminal Act for mitigation of amount of punishment is that the defendant again commits the crime in this case even though he/she had a record of punishment several times (two times of actual punishment, two times of suspended execution, two times of fine) for the same kind of crime, and six days after he/she was sentenced to suspended execution for the same kind of crime.

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