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(영문) 대전지방법원 2017.11.22 2017고단3963
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 5, 2010, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Road Traffic Act at the Daejeon District Court on March 5, 2010, and was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Daejeon District Court on June 5, 2013, and on August 8, 2017, the Defendant was sentenced to a summary order of seven million won for a violation of the Road Traffic Act (driving).

On August 9, 2017, the Defendant, without a driver’s license of 16:42 minutes of blood, driven B M& car on the roads in front of the Agricultural Cooperatives prior to the Eup/Myeon before Sejong, in a state of alcohol content of 0.162%.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol, while driving a motor vehicle without a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry of criminal and investigation career data, investigation reports (verification of the same kind of force), and application of Acts and subordinate statutes of a copy of judgment;

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. Circumstances disadvantageous to the reasons for sentencing of selective imprisonment: Determination of the sentence that leads to a favorable condition that leads to a traffic accident while driving with drinking or without a license; the high level of drinking alcohol; the four-time driving of drinking alcohol; and the one-time driving of non-license; and the one-time driving of drinking without license; and the one-time driving of drinking alcohol, which is discovered by drinking prior to the date of the crime in question before and after two months: The defendant's age, sexual behavior, environment, motive, means and consequence of the crime; and the circumstances after the crime in this case are led to the arguments in this case.

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