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(영문) 대전지방법원 공주지원 2018.11.23 2018고단408
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On July 11, 2018, the Defendant, without obtaining a driver’s license, driven a vehicle in E the section 12 km from the front side of the Gongju-si to the front side of the D pharmacy located in the Gongju-si, Gongju-si, from July 11, 2018 without obtaining a driver’s license.

2. On August 9, 2018, the Defendant, without a driver’s license, driven a vehicle in E the section of about 1km from the G restaurant located in F on August 9, 2018 to the front day of H in the official city, while under the influence of 0.111% alcohol during blood while drunk, on August 9, 2018 without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1), reporting of a traffic accident (1) (1) and reporting of a traffic accident (2) (2)

1. Notification of the results of regulating driving of drinking and the ledger of driver's licenses of each motor vehicle;

1. Application of Acts and subordinate statutes on site photographs and accident scene photographs;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license) concerning each of the relevant facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have been revoked due to driving under drinking, the Defendant without a license at the time of not more than six months thereafter, and the Defendant was under investigation into the same.

The alcohol concentration in blood at the time of crime is not easy.

When considering the attitude of the defendant during the investigation process, the period from several crimes to recidivism, etc., the defendant was found to have failed to meet the minimum compliance formula, warning, and the possibility of edification.

The punishment of a fine or the suspension of the execution of imprisonment can not be the proper punishment against the defendant.

Therefore, the sentence of imprisonment is sentenced, but the degree of alcohol in the blood at the time of the crime and the defendant's recidivism.

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