(영문) 대전지방법원 천안지원 2016.01.29 2015고단1893

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 천안지원 2016.01.29 2015고단1893

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person driving a rocketing car.

On September 18, 2015, the Defendant driven the said vehicle at a distance of about 500 meters from the front day of the second apartment building in the Seongbuk-gu, Seoan-gu, Seoan-gu, Seongbuk-gu to the road for the same ringing ringing off, while under the influence of alcohol of 0.183% during blood without obtaining a driver's license for a vehicle at around 02:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared by D;

1. Descriptions of a report on the detection of the primary driver and a statement in the circumstances of the primary driver;

1. Application of Acts and subordinate statutes to entries in the driver's license ledger;

1. Relevant provisions of Article 148-2 (2) 2 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) and the choice of imprisonment, respectively;

1. The fact that the defendant's erroneous reasons for sentencing are recognized is that the punishment provided for in Articles 40 and 50 (the punishment provided for a crime of violating the Road Traffic Act with heavy punishment) of the Commercial Concurrent Crimes Act is more favorable to the defendant.

However, the Defendant was punished for a total of nine times due to a driving without a license and two times due to a driving without a license, and in particular, in 2008, he was sentenced to imprisonment for four months due to a violation of the Road Traffic Act (non-licenseed driving), and in 2011, he was sentenced to imprisonment for eight months due to a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (non-licenseed driving)

In addition, even though the defendant was found to have been sentenced to a fine as a result of the trial before he was sentenced to the punishment of eight months of imprisonment and the period of repeated crime again in 2015, which was before the period of repeated crime elapses, the defendant committed the crime of drinking and driving without a license during the trial of the case.

Among the blood of the defendant, the alcohol concentration of the defendant is very high.

Accordingly, the defendant is sentenced to the same punishment as the disposition.

참조조문

-형법 제40조

-형법 제50조

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