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(영문) 대전지방법원 2018.01.10 2017고단4321
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal history] On December 20, 2010, the Defendant received a summary order of KRW 3 million for a crime of violation of road traffic law at the Daejeon District Court, and a summary order of KRW 6 million for the same crime at the same court on January 14, 2013, respectively.

On February 3, 2016, the defendant was sentenced to two years of suspended sentence for imprisonment with prison labor for a special assault, etc. in the same court on February 3, 2016, and the above judgment has become final and conclusive on the 12th of the

[Criminal facts] On September 24, 2017, around 00:51, the Defendant driven a mixed CR-V car under the influence of alcohol concentration of 0.240% while under the influence of alcohol while under the influence of 0.240% without obtaining a driver’s license from the front of the “369 Guidebook,” which is located in Daejeon Samsung-dong, Daejeon, to the front of the “ei and the “ei and the designated-bund goods shop” in the same Dong.

Accordingly, the Defendant, who violated the prohibition of driving at least twice under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Response to a request for appraisal;

1. The driver's license ledger;

1. Previous convictions as stated in the judgment: Inquiry about criminal history, investigation reports (report on confirmation of the same type of force), investigation reports (applicable to reports on confirmation of the facts under probation period);

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

1. Selection of imprisonment with prison labor chosen;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act: The blood alcohol concentration is considerably high, six times the record of the crime of drunk driving, and seven times the record of the non-licensed driving but again commits the instant crime; and the circumstances favorable to the fact that the instant crime was committed in the course of trial after being prosecuted for the same case: confession.

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