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(영문) 대전지방법원 2016.06.10 2016고단1169
도로교통법위반(음주운전)등
Text

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

Reasons

Punishment of the crime

On October 29, 2014, the Defendant was sentenced to one year for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in the Daejeon District Court, and completed the execution of the sentence on July 8, 2015.

On February 20, 2012, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court on February 20, 2012, and issued a summary order of KRW 4 million on July 8, 2013 by the same court with the same offense, etc., and carried out drinking twice or more.

On March 28, 2016, under the influence of alcohol content of 0.124% in blood without a vehicle driver's license, the Defendant driven a vehicle of so-called so-called Churbbed from around 300 meters in the section of approximately 300 meters to the front road of the new town located in the same middle village of Daejeon Jung-gu, Daejeon.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and making inquiries about the driver's license;

1. Application of each Act or subordinate statute of a report on investigation (Attachment to the same type of judgment, etc.) and a report on investigation (number of persons and the current status of confinement);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity is that the punishment cannot be exempted due to a repeated crime for the reason of sentencing under Article 53 and Article 55(1)3 of the Criminal Act; six times the same criminal history; the degree of alcohol concentration in blood; and reflect, etc.

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