(영문) 대전지방법원 천안지원 2017.03.07 2016고단368

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자간(%)

(영문) 대전지방법원 천안지원 2017.03.07 2016고단368

도로교통법위반(음주운전)등

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 5, 2015, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to a violation of road traffic laws in the Seosan Branch of the Daejeon District Court, and the judgment became final and conclusive on the 13th day of the same month. On July 21, 2014, the Defendant was issued a summary order of KRW 3 million of a fine for a violation of road traffic laws in the Seosan Branch of the Daejeon District Court as of July 21, 2014.

On February 15, 2016, the Defendant, without a driver’s license, driven a vehicle of C New Zealand XD with the alcohol level of 0.136% in blood, from the front of the “high-sea match” located in Asan-si, the Defendant driven a vehicle of C New Zealand XD in the 1km section to approximately 8-1st road of approximately 109 square meters in the center of the same side.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a report on the results of crackdown on drinking driving, and a report on the circumstances of the driver of drinking;

1. The driver's license ledger;

1. Offenses: Inquiries about criminal history and the application of Acts and subordinate statutes to investigation reports (Attachment to judgment);

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 (1) and 43 (the point of driving without a license) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act include: (a) the Defendant had a record of criminal punishment for the same kind of crime several times; (b) the Defendant again committed the instant crime during the period of probation due to the crime of drinking or non-licensed driving; (c) the escape during the trial; and (d) the time of committing the instant crime and reflect against the time of and against the commission of the crime; and (c) the punishment is determined as ordered in consideration of the various sentencing conditions shown in the instant

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