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(영문) 대전지방법원 서산지원 2018.06.14 2018고단370
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

[criminal history] On March 14, 2013, the Defendant was sentenced to a fine of two million won for a crime of violating road traffic laws in the Seosan Branch of the Daejeon District Court on March 14, 2013, and a fine of five million won for a crime of violating road traffic laws in the same court on April 24, 2014, respectively. On May 20, 2016, the Defendant was sentenced to a suspended sentence of two years for a period of eight months for a crime of violating road traffic laws (drinking) and the judgment became final and conclusive on the 28th of the same month.

[2] On March 20, 2018, the Defendant driven a DNF rocketing car owned by the Defendant under the influence of alcohol level 0.199% while under the influence of alcohol level 0.19% while under the influence of alcohol level 0.59%, without obtaining a driver’s license from around 190 in Seosan-si, Seosan-si, 66 in the center of Seosan-si, Seosan-si, and 300 meters in front of the Geum River.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of crackdown on driving drinking;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report attached to a judgment) Acts and subordinate 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 Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing grounds) of the Act on Reduction of Small Quantity was already punished twice due to drinking, and the defendant was again punished due to drinking again during the period of suspension of execution, and the defendant was not subject to the punishment in that alcohol concentration in blood is very high to 0.19%.

However, the fact that the defendant reflects the mistake, that it does not amount to a traffic accident, and that he does not drive without a license.

The fact that the vehicle seems to be sold and the family situation, etc. are taken into account, and the defendant's age and sex are committed.

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