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(영문) 대전지방법원 천안지원 2019.01.11 2018고단2631
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On November 2, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Seocheon Branch of the Daejeon District Court on November 2, 2007. On September 16, 2015, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Seocheon Branch of the Daejeon District Court on September 16, 2015. On August 24, 2018, the Defendant was sentenced to a suspended sentence of two years for a period of eight months.

On October 12, 2018, at around 07:20, the Defendant, without a car driver’s license, driven a d SM7 car from around 500 meters away from the front road of the Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu to the front road of the C history, Seoan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports, and application of Acts and subordinate statutes in one copy of judgment;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant had been punished three times due to drunk driving as stated in the previous conviction in the judgment, and in particular, even though he had been under the suspension period of the execution of imprisonment due to drunk driving, he/she was driving a motor vehicle while under the influence of alcohol.

However, the defendant acknowledges his mistake, and there is no record of punishment except three times.

In addition to these circumstances, the defendant's age, character and conduct, environment, motive and consequence of the crime, the numerical value of blood alcohol concentration at the time of the crime, and the circumstances after the crime were committed, the punishment as ordered shall be determined in consideration of the various circumstances shown in the arguments in this case

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