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(영문) 대전지방법원 2016.06.29 2016고단1035
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

1. On April 6, 2016, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (divated driving) driving a CM5 vehicle while under the influence of alcohol with approximately 300 meters alcohol concentration of about 0.144% at the same time as a vehicle driver’s license, from the runway front of a frighter in Seo-gu, Daejeon, Seo-gu, Daejeon to a cM5 vehicle without obtaining a vehicle driver’s license.

2. On April 11, 2016, the Defendant was driving a CM5 vehicle without obtaining a driver’s license, from around 10:30 on April 11, 201, to around 2 km-dong, Seo-dong, Seogu, Daejeon, Seo-gu, Seogu, Seo-gu, Daejeon to the same shot-dong, Seo-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report the details of each enforcement, the notification of the results of the control of drinking driving, the measurement photograph of drinking, the circumstantial report on the driver of drinking, the ledger of driver's license, and the situation of

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license) concerning each of the relevant facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to cases where a person commits a violation of the Road Traffic Act as stated in paragraph (1) and a violation of the Road Traffic Act (limited to driving without a license), and punishment prescribed for a violation of the Road Traffic Act of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. An order of community service and an order to attend a lecture under Article 62-2 of the Criminal Act has a record of being punished twice by a fine due to the driving of alcohol for the reason of sentencing, the fact that alcohol concentration is not low at the time of driving of the instant drinking, and that a person drives a without a license again only five days after the crackdown on drinking and driving without a license, etc. is disadvantageous.

The fact that the defendant recognizes the crime and seriously reflects the fact that the defendant does not repeat the crime again is a favorable condition.

. Other defendant.

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