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(영문) 대전지방법원 천안지원 2018.11.29 2016고단2738
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On October 27, 2010, the Defendant was sentenced to a suspended sentence of four months for a crime of violation of road traffic law in the Seocheon Branch of the Daejeon District Court on April 27, 2010. On July 17, 2015, the Defendant was sentenced to a summary order of KRW 5 million for a crime of violation of road traffic law (drinking) in the Seocheon Branch of the Daejeon District Court on July 17, 2015.

[2] On November 14, 2016, the Defendant, who had violated Article 44(1) of the Road Traffic Act on at least two occasions, driven a f125 wheeled vehicle without mandatory insurance at approximately 500 meters from the roads near the south-gu Dong-gu, Yanan-si to E in D, while under the influence of alcohol by at least 0.196% of alcohol level without a motor bicycle bicycle license.

Summary of Evidence

1. Statement by the defendant in court;

1. G self-statements;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Mandatory insurance certificate;

1. The driver's license ledger;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (the previous confirmation report) and application of each summary order attached thereto, and the text of the judgment and the text of the judgment;

1. Article 148-2 subparag. 1, Article 44 subparag. 1, Article 154 subparag. 2, and Article 43 of the Road Traffic Act concerning facts constituting an offense; Article 46 subparag. 2, and the main sentence of Article 46 subparag. 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 53 and Article 55 (1) 3 of the Act on Reduction of Small Quantity, including the fact that the defendant had been punished for several times, including the fact that he had been sentenced to a suspended sentence on two occasions due to drinking driving or a non-licensed driving, and in addition, the defendant committed the crime of driving under drinking or non-licensed driving, etc. of this case at the time of driving.

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