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(영문) 대전지방법원 홍성지원 2016.07.19 2016고단265
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On April 20, 2015, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of road traffic law in the Hongsung Branch of the Daejeon District Court on April 20, 2015; on September 17, 2015, the above court issued a summary order of KRW 4,00,000 as a fine for a violation of road traffic law (driving without a license); on October 16, 2015, the above court issued a summary order of KRW 1,50,000 as a fine for a violation of road traffic law (driving without a license); and on October 16, 2015, the above court was sentenced to a suspended sentence of ten-year imprisonment for a violation of road traffic law (driving without a license) and on the 24th of the

[2] On April 26, 2016, Defendant 1, who violated the Road Traffic Act more than twice, was driving a C-learning car under the influence of alcohol content of about 0.205% without obtaining a driver’s license from the front side of the Red Hot Spring located in the Hongsung-gun, Hongsung-gun, Hongsung-gun in the Eup around April 26, 2016, to the front side of the 150-meter of war in the Eup/Myeon, and without obtaining a driver’s license, again driving a C-learning car under the influence of alcohol content of about 0.205%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. Previous conviction: Application of a written inquiry about criminal history and a written investigation report (referring to the previous conviction and report) by 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. 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. The reason for sentencing selecting a sentence of imprisonment with prison labor is that the Defendant led to confession and reflects the instant crime, and his family members seek a preference. However, the Defendant was punished on three occasions by drinking alcohol only in 2015 (two times of fines, one time of suspended execution), and the Defendant was committed the instant crime during the period of suspended execution, and the protection observation officer’s unauthorized license is granted to the Defendant.

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