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(영문) 대전지방법원 2017.01.25 2016고단4691
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On August 21, 2013, the Defendant was sentenced to one year of imprisonment for a violation of road traffic law (drinking driving) at the Daejeon District Court on August 21, 2013, and the period of parole passed on July 30, 2014 during the execution of the sentence at a public prison.

[2] On July 28, 2008, the Defendant was sentenced to a suspended sentence of 6 months for a crime of violating the Road Traffic Act at the Daejeon District Court, and was sentenced to a summary order of 3 million won for a crime of violating the Road Traffic Act in the same court on August 10, 201. On August 21, 201, the Defendant was sentenced to a one-year imprisonment for a crime of violating the Road Traffic Act (drinking) at the same court.

On November 21, 2016, the Defendant driven a D body-man car under the influence of alcohol content 0.117% while under the influence of alcohol content 0.17%, without obtaining a driver’s license from the front of the Defendant’s house located in Daejeon Jung-gu, Daejeon to the front of the bridge in front of the same movement in the same Gu.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice without a driver's license, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

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

1. Previous conviction: Application of Acts and subordinate statutes to the results of inquiry about criminal history, investigation report (Attachment to a summary order, etc.), investigation report (report on confirmation of a criminal suspect's repeated crime), and current status of personal confinement

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

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

1. Selection of imprisonment with prison labor chosen;

1. The circumstances that are disadvantageous to the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes: After the execution of imprisonment for the same kind of crime has been completed, another crime is committed during the period of repeated crimes, and the circumstances favorable to the majority of the criminal records of the same kind are led to confession and reflect.

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