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(영문) 대전지방법원 2017.11.22 2017고단3400
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 21, 2006, the Defendant was issued a summary order of a fine of 2.5 million won by the Daejeon District Court for a violation of road traffic law (driving), etc. on May 18, 2007, a fine of 3 million won by the same court as the same crime, etc. on May 18, 2007, and a fine of 5 million won by the same court on October 18, 2016, respectively.

Criminal facts

On August 2, 2017, the Defendant was under the influence of alcohol content of 0.094% in blood, without obtaining a driver’s license on August 22, 2017, and driving C in the section of approximately 6km from the roads near the Daejeon Pungdong to the front road in the Seo-gu Pungdong, Seo-gu.

As a result, the Defendant, without a driver's license, has violated the prohibition on drinking at least twice, and has driven a motor vehicle under the influence of alcohol again.

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. Previous convictions in judgment: Inquiry about criminal history and the application of Acts and subordinate statutes of a report on investigation (Attachment to the same type of force);

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 unfavorable to the reasons for imposing selective sentence of imprisonment: The fact that the person has committed another crime even though 4 times the past record of drinking-driving crimes, and 8 times the past record of unlicensed driving crimes, including two times the past record of suspended sentence, and that the person has committed another crime: The fact that the person has led

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