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(영문) 대전지방법원 홍성지원 2018.09.05 2018고단553
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] In the Hongsung Branch of the Daejeon District Court on June 15, 2009, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 as a crime of violation of road traffic law; on May 24, 2010, the Defendant was sentenced to a summary order of KRW 2,50,000 as a fine for the same crime; on January 10, 2013, in the Hongsung Branch Branch of the Daejeon District Court, he/she was sentenced to a summary order of KRW 2,50,000 for the same crime; on January 10, 2013, he/she was sentenced to imprisonment for 8 months and suspended execution for the same crime; on February 12, 201

[Criminal facts] On November 16, 2016, the Defendant driven a Grand Sheet in Bland under the influence of alcohol content of 0.05% without obtaining a driver’s license from approximately 500 meters from the section from the insular insular insular insular insular in front to the roads in front of the business office of large bathing beaches located in the same route and without driving a motor vehicle under the influence of alcohol content of 0.05% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history (A), each summary order, and the text of the judgment;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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 Traffic Act of a road with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., favorable circumstances deemed to be the reason for sentencing) of the Act on the Mitigation of Small Quantity is four times, and even if the person had been under suspension of execution, he/she again commits the crime of drinking, and even if he/she had been under suspension of execution, he/she again committed the crime of drinking, it is inevitable to punish a heavy penalty by imprisonment in light of the unfavorable circumstances, such as

However, the drinking level falls under the lowest limit of the standards for drinking driving, and the accident is caused by crimes.

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