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(영문) 대전지방법원 홍성지원 2018.02.20 2017고단866
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 28, 2011, the Defendant was sentenced to a fine of KRW 1.5 million due to a violation of road traffic law (driving), and was sentenced to a fine of KRW 1.5 million in the above court on April 6, 2017. On August 20, 2017, the Defendant again driven a vehicle 5-car without obtaining a driver’s license for a vehicle from the front day of the 65-man family, Han-si, Seoul Special Metropolitan City, to the front day of the 392-ro, Han-ri, one-ro, one by which the Defendant was sentenced to a fine of KRW 1.5 million for the same crime.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, and application of Acts and subordinate statutes of two copies of summary orders;

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. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances under the protection and observation, community service order, community service order, and the reason for sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the instant crime, the circumstances before and after the instant crime, and the circumstances of the crime, etc.

Unfavorable circumstances: The fact that there are three times the records of punishment for the same kind of crime; the past records are nothing more than four months from the date of occurrence of this case; the alcohol concentration in blood is very favorable to the high degree: The fact that the crime of this case is committed at the time of the crime of this case, the fact that there is no record of punishment exceeding the fine, the fact that there is no record of punishment exceeding the fine, and the fact that the vehicle is disposed of, and the vehicle is disposed of.

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