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(영문) 대전지방법원 2017.03.15 2016고단3434
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 1, 2013, the Defendant was sentenced to a summary order of a fine of four million won for a crime of violating road traffic law at the Daejeon District Court on April 1, 2013, and on May 24, 2013, the Defendant was sentenced to a suspended sentence of two years for a crime of violating road traffic law in the same court on May 24, 2013, and on April 21, 2015, the Defendant was sentenced to a suspended sentence of six months for a crime of violating road traffic law in the same court on April 21, 2015 and completed the execution of the sentence in the Daejeon Prison on October 21, 2015.

On October 8, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle around 19:53, driven a DNA 2km from the vicinity of the change in the Seo-gu of Daejeon to the 77-lane of the same bankruptcy, under the influence of alcohol content of 0.185%.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Results of inquiry, investigation reports (Attachment of summary order and copy of judgment), application of Acts and subordinate statutes concerning personal confinement status;

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. Circumstances unfavorable to the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes: The punishment again commits the crime of this case within one year after having been sentenced to imprisonment due to driving of alcohol and driving without a license; four times the record of driving of alcohol and driving without a license; the normal circumstances that are substantially favorable to the drinking value of this case: The decision of the sentence that confessions and reflects the above circumstances: The defendant's age, sex, environment, motive, means and consequence of the crime; various conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, shall be considered.

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