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(영문) 대전지방법원 2016.06.15 2016고단1128
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 18, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor for a violation of the Road Traffic Act at the Daejeon District Court on September 18, 2015, and the judgment became final and conclusive on September 26, 2015. On October 24, 2013, the Defendant was sentenced to a fine of 4 million won for a violation of the Road Traffic Act (non-licenseless driving) at the same court on March 26, 2013, and a fine of 4 million won in the same court on March 26, 2013, and a fine of 7 million won in the same court on February 7, 2013, and on January 24, 2011, the Defendant was sentenced to a fine of 2 million won in the same court as a violation of the Road Traffic Act (driving) and a fine of 10 million won in the same court on October 31, 2008.

On February 1, 2016, at around 02:05, the Defendant driven a motor vehicle in the state of alcohol 0.176% in blood alcohol concentration from approximately 500 meters to the front road of the Si-won Eup in the measure taken in front of a mutually influent cafeteria in the measure of the Si-won Eup at Sejong City.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous records: Application of Acts and subordinate statutes to inquiries about criminal records and investigation reports (a copy of the previous decisions attached thereto);

1. Article 148-2 (1) 1, Article 44 (1) (not less than three times of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act on the reduction of the amount of punishment is imposed several fines due to driving under the influence of alcohol for the reason of sentencing, and ultimately, it is necessary to strictly punish a person since he/she is engaged in drinking and driving without a license during the period of suspension of execution, even though he/she was sentenced to a suspended sentence. The fact that the previous suspended sentence becomes invalid and that it is contrary to the fact that the previous suspended sentence becomes void.

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