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(영문) 대전지방법원 논산지원 2017.02.03 2016고단573
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On April 5, 2007, the Defendant was sentenced to a summary order of one million won for a crime of violating road traffic law in the Seosan Branch of the Daejeon District Court, and on November 2, 2007, the Defendant was sentenced to a summary order of three million won for the same crime in the same court on November 2, 2007, and on December 4, 2015, the Defendant was sentenced to a suspended sentence of two years for imprisonment for the same crime in the official branch of the Daejeon District Court on December 12, 2015, and the said judgment became final and conclusive on December 12, 2015.

[2] On September 29, 2016, around 21:50, the Defendant driven a B options car under the influence of alcohol level of 0.056% while under the influence of alcohol level of 0.056%, without a driver’s license, from around 50 meters to the above Samsung Digital Flaer’s roads.

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: Application of a reply to inquiry, such as criminal history, investigation report (the previous judgment and attachment of summary order) by statutes;

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 reason for sentencing under Article 53 and Article 55 (1) 3 of the Criminal Act for mitigation of amount of punishment is the same kind of crime, and the defendant again commits the crime of this case even though he/she was under probation period, and thus, it is inevitable to sentence the defendant as a sentence for the crime of this case.

However, considering the fact that the defendant reflects the defendant's wrong, that the alcohol concentration in the blood of the defendant is 0.056% at the time of driving, and the defendant's age, sex, environment, circumstances, circumstances after committing the crime, etc., all of the sentencing conditions shown in the arguments of this case shall be determined as ordered.

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