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(영문) 대전지방법원 천안지원 2016.07.15 2016고단794
도로교통법위반(음주운전)등
Text

The punishment of the accused shall be eight months by 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 May 29, 2015, the Defendant was punished for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the support of the Daejeon District Court on May 29, 2015 by a fine not exceeding five million won due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act (driving), and on April 26, 2010, by a fine not exceeding three million won due to a violation of the Road Traffic Act in the Incheon District Court's Vice-Support on April 26, 2010.

Although the Defendant was punished twice or more due to drinking driving as above, on May 12, 2016, he again driven a B-hand car without a vehicle driver’s license from the front side of the first apartment shop located in Asan-si, Asan-si to the above apartment 100m section from May 12, 2016 to the front parking lot of the foregoing apartment 104.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver at the main place and a statement on the occurrence of traffic accidents;

1. The ledger of drinkbling measuring instruments and the ledger of driver's licenses;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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 reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures is that the defendant committed another crime under the influence of a license even though he had had the record of criminal punishment for driving under drinking more than twice, and the defendant's blood alcohol concentration was significant at the time of the crime of this case, the risk of the crime of this case (the occurrence of a minor traffic accident) and the criminal records of the defendant's same kind of criminal punishment (not less than the suspension of execution), and the defendant recognized and reflected the crime.

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