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(영문) 대전지방법원 2017.03.22 2016고단4566
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a fine of KRW 5,00,000 as a crime of violating the Road Traffic Act and a violation of the Road Traffic Act in the resident support of the Daegu District Court on January 8, 2009, and was sentenced to a fine of KRW 8 months in imprisonment for the same crime in the Daejeon District Court on August 2, 2012, and a fine of KRW 5,00,000 in the Daejeon District Court on June 24, 2015.

[2] On October 22, 2016, at around 03:47, the Defendant driven a CY car with alcohol level of about 0.150% while under the influence of alcohol level of at least 0.150% in blood, without obtaining a driver’s license, from the front side of the KT telephone station located in the Dong-dong, Daejeon Metropolitan City to both singings in the same Dong.

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: Application of a reply to inquiry, such as criminal history, report on investigation (former and conclusive report), investigation report (report on the analysis of criminal suspect's same records) and Acts and subordinate statutes;

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 sentencing selecting a sentence of alternative punishment: The six times the criminal history of drinking driving, seven times the criminal history of unauthorized driving, and the punishment for this case has been committed again despite the fact that there are two times the past records of punishment, and the circumstances that are significantly favorable to the drinking volume of this case: The decision of a sentence that confessions and reflects the above circumstances: The above circumstances are different from others, taking into account various sentencing conditions specified in the argument of this case, such as the defendant's age, sex behavior, environment, motive, means, means and consequence of the crime, and the circumstances after the crime;

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