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(영문) 대전지방법원 2017.03.08 2016고단3995
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 14, 2013, the Defendant was sentenced to imprisonment with prison labor for not less than one year and six months, suspension of execution two years, and suspension of execution on August 15, 2016 with a fine of not less than five million won due to a violation of road traffic law in the official support of the Daejeon District Court on December 13, 2016, and was sentenced to imprisonment with prison labor for special intimidation at the Daejeon District Court on February 16, 2016, and two years of suspension of execution and two years of suspension of execution, which became final and conclusive on February 24, 2016.

On September 5, 2016, the Defendant, without obtaining a driver’s license on a motor vehicle at around 22:20, the Defendant driven a motor vehicle at C low-speed from the 4km section of about 4km from the trade name in front of a restaurant in the south of Sejong-si, the gold-si is under the influence of 0.156% alcohol concentration in the blood.

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. A report on investigation;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of a written judgment on driving a suspect's drinking alcohol), text of judgment, and final and conclusive data;

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 reasons for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of quantity: The person committed another crime again despite three times the criminal records of drinking driving, four times the criminal records of unauthorized driving, and the circumstances favorable to the fact that the person committed the instant crime during the period of probation: The decision of the sentence to the effect that confession and reflect are made: The above circumstances differ from others, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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