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(영문) 대전지방법원 2017.09.20 2017고단2252
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 22, 2015, the Defendant was sentenced to a 6-month suspended sentence for a violation of the Road Traffic Act by the Daejeon District Court on July 2, 2015, and on the 30th of the same month, on April 1, 2013, the Defendant was sentenced to a summary order of a fine not exceeding 3 million won for the same crime at the same court on April 1, 2013, and was subject to punishment two or more times for the same offense.

On May 27, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle at around 22:50 on May 27, 2017, driven a CKaz 2 motor vehicle at approximately 6km from the front road in the Daejeon Pungdong-dong, with a alcohol concentration of 0.145% in alcohol during blood, to the front road in the Daejeon Pungdong-dong-dong, and from the front road in the same Gu-dong-dong to the front road of the 3 Dong resident center.

As a result, the Defendant, while driving without a license, has violated the prohibition of drinking at least twice, and once again driven a motor vehicle while under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. An explanatory note;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history and application of Acts and subordinate statutes of investigation report (related previous convictions and confirmations);

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 imposing selective sentence of imprisonment: The decision of a sentence that leads to the confession and reflectiveness of the criminal defendant's age, sexual behavior, environment, motive for the criminal act, and motive for the criminal act that is committed in the course of probation after being sentenced to a suspended sentence of imprisonment due to a violation of traffic laws on the road as stated in the judgment; five times the criminal history of drinking driving; one time the criminal record of non-licensed driving; and seven times the criminal record of the traffic signal violation and the central crime committed in order to avoid the crackdown on drinking: the above circumstances are different.

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