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(영문) 대전지방법원 2017.07.07 2016고단4578
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be determined by six months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 28, 2008, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act at the Daejeon District Court on November 28, 2008, and a summary order of KRW 3 million for the same crime at the same court on June 26, 2009, respectively.

On December 2, 2016, at around 01:33, the Defendant driven approximately 20 meters of the freight vehicle B from the front side of the king cafeteria, which was located in the Seo-gu Daejeon, Seo-gu, Daejeon, to the same 34 street, while under the influence of alcohol content of 0.089% without a driver’s license.

As a result, the defendant, who has driven a motor vehicle twice or more, was driving a motor vehicle under the influence of alcohol, and violated the Road Traffic Act.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, in full view of all the sentencing conditions as indicated in the instant case, including the following circumstances, Defendant’s age, sexual conduct, environment, background and result of the instant crime, and the circumstances after the instant crime, the sentence shall be determined as ordered.

D. Unfavorable circumstances: The defendant has been punished twice due to drinking, but the circumstances favorable to the fact that the crime of this case is not good by repeating the crime of this case: The fact that the defendant repents and reflects his mistake.

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