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(영문) 대전지방법원 2018.12.06 2017고단4655
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of six months for a violation of road traffic law at the Daejeon District Court on October 13, 201, and was sentenced to a suspended sentence of one year for a crime of violating road traffic law at the same court on February 8, 2017, and was sentenced to a suspended sentence of two years for a crime of violating road traffic law at the same court on February 16, 2017, and the said judgment became final and conclusive on February 16, 2017.

[2] On November 12, 2017, the Defendant driven a F Poter Cargo in the state of alcohol alcohol concentration of 0.098% while under the influence of alcohol level 0.098%, without a vehicle driver’s license, from around 300 meters to the front roads D from the Do of the C Middle School located in Daejeon Dong-gu, Daejeon, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on the driving of alcohol, statement of the situation of the driver driving, ledger of driver's license, and inquiry about the results of crackdown on the driving of alcohol, and management of reports on detection of alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (report on binding of the same type of force judgment

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. Determination of the sentence as ordered by taking into account the following circumstances: the Defendant’s age, occupation, sex, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and various conditions of sentencing as shown in the argument of the instant case:

The favorable circumstances: The confession of the crime of this case and the disadvantageous circumstances that are against the prohibition of recurrence: The crime of the crime of drinking is deemed to be lacking in the awareness of the crime of the crime of drinking again, by repeatedly committing the crime of this case without any justifiable reason, even though there was a record of punishment several times for the same crime, which is committed during the period of suspension of execution of the same crime.

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