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(영문) 대전지방법원 2017.03.15 2016고단4508
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 3, 2007, the Defendant was sentenced to a fine of two million won for a violation of road traffic law at the Daejeon District Court on July 4, 2008 to a fine of two million won for a violation of road traffic law (driving), a fine of two hundred and five hundred thousand won for a violation of road traffic law at the Chungcheong District Court on July 4, 2008, and a crime of violation of road traffic law (driving) at the Daegu District Court on November 12, 2013 to a stay suspension of one year for a year.

On November 21, 2016, without a driver's license of a motor vehicle around 01:00, the Defendant driven a motor vehicle with a alcohol content of 0.127% in the blood while driving the motor vehicle at approximately 4km from the front of the apartment in the Seo-gu Daejeon, Seo-gu, Daejeon to the front of the apartment to the front of the 532 U.S. MM520.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice without a driver's license, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous convictions and judgment, etc.);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The circumstances favorable to the fact that the principal offense has been committed, even though four times the criminal records of drinking driving, are led to confession and reflect: Three times of the criminal records of drinking driving, the fact that the three times of the criminal records of drinking driving is prior to about eight years, the fact that the vehicle is scrapped, etc., and the fact that the driver does not drive the drinking and without a license again;

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