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(영문) 대전지방법원 2018.01.16 2017고단4330
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 6, 2017, around 19:05, the Defendant driven Cirst cargo vehicles under the influence of alcohol content of 0.142% without obtaining a driver’s license from approximately 7km section from the Seo-gu Black-dong, Seo-gu, Daejeon to the Ucheon Elementary School located in the same Doma-dong to the front road of the same Doma-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 and 43 of the Road Traffic Act;

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

1. Circumstances that are favorable to 0 favorable reasons for sentencing selective imprisonment: The confession and reflect of the crime, the fact that there is no record of punishment exceeding the fine, and the fact that there is no record of punishment: The previous conviction caused by drinking and non-licensed driving. In particular, even if the person has been punished several times since 2016, such as drinking and non-licensed driving, traffic accidents caused by non-licensed driving, etc., and re-offending, the blood alcohol concentration is high, and the circumstances that continue to possess the same vehicle even after the license has been revoked due to drinking driving, and repeating the license without a license, are observed, the sentence shall be determined as ordered by taking into account the following circumstances: the defendant's age, occupation, family relation, sex behavior, environment, circumstances before and after the crime, etc.

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