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(영문) 대전지방법원 2017.06.28 2017고단1456
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 30, 2015, the Defendant was sentenced to a summary order of KRW 7 million for a crime of violating the Road Traffic Act at the Daejeon District Court, and on December 8, 2016, the Daejeon District Court sentenced a suspension of execution of one year to two years for a crime of violating the Road Traffic Act. On December 16, 2016, the Defendant was sentenced to a suspension of execution of two years for a crime of violating the Road Traffic Act at the Daejeon District Court, which became final and conclusive on December 16, 2016, and violated the prohibition of drinking on at least two occasions.

On February 3, 2017, the Defendant driven a motor vehicle of about 900 meters from the front of the public market to the front of the import specialty store located in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Daejeon, with a alcohol level of about 0.080% under the influence of alcohol level of the blood while under the influence of alcohol level of 0.080% without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Application of replys to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the previous confirmation thereof);

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. It is inevitable to sentence a sentence, considering the fact that the person has been sentenced three times to a fine due to a crime of violating the Road Traffic Act for the reason of sentencing selective sentencing of the sentence, and that the person has committed the instant crime again before the lapse of two months after the judgment of the suspended sentence became final and conclusive;

However, taking account of the fact that the defendant's mistake is repented and seriously reflected, there are family members to support, and other factors, the punishment as ordered shall be determined by taking into account the age, sexual behavior, environment, etc. of the defendant, and all kinds of sentencing conditions shown in the arguments in this case.

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