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(영문) 대전지방법원 2018.10.11 2018고단2687
도로교통법위반(음주운전)등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On March 23, 2015, the Defendant was issued a fine of KRW 5 million by the Daejeon District Court for a violation of road traffic laws (driving), and a fine of KRW 5 million by the Daejeon District Court on October 26, 2017.

[2] On June 20, 2018, the Defendant: (a) driven a b bargaining vehicle under the influence of alcohol content of at least 0.118% without obtaining a driver’s license from around 65-62, Seo-gu, Daejeon, Seo-gu, Daejeon to the front road of the Change Resident Center in the same Dong to around 700 meters; and (b) driven a b bargaining vehicle under the influence of alcohol content of at least 0.118%.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. Inquiries about the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend a lecture, has a history of having been punished several times for the same kind of crime within the short period (the crime of this case due to drinking or non-licenseing twice a license without permission, once a license, and one-time an escape vehicle), and considering the fact that the crime of this case is committed again due to drinking or non-licenseing, and that there is a need to strictly punish the crime due to the growing social harmful behavior due to drinking, the defendant's liability for the crime is unfeasible, but the defendant's confession is against himself/herself, and there is no other criminal record as well as the fact that there is no other favorable circumstances, and the sentence is determined as the order.

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