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(영문) 대전지방법원 공주지원 2018.07.06 2018고단183
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On May 16, 2007, the Defendant was issued a summary order of KRW 500,000,000 as a fine for a crime of violating the Road Traffic Act in the official order of the Daejeon District Court, and a summary order of KRW 500,000 as a fine in the same court on April 26, 2016.

[2] On April 22, 2018, the Defendant: (a) was a person who violated the provisions of the Road Traffic Act prohibiting the driving of a motor vehicle under the influence of alcohol twice or more as indicated in the criminal record; and (b) was driving a Cran vehicle under the influence of alcohol level of 0.098% in the blood alcohol level without obtaining a driver’s license in the section of the same city’s mountain area from the insular area of the same city’s mountain area to the roads of the same city’s mountain area in the same city’s mountain area.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol and the driver's license register;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (report on confirmation of the same criminal history as the suspect);

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. The Defendant’s reason for sentencing selection of the sentence of imprisonment with prison labor is against the Defendant’s family and sweak the Defendant’s wife by recognizing the Defendant’s error in both. The Defendant’s father appeals against the Defendant’s wife in this Court.

However, the defendant has already been convicted of driving three times of drinking.

Although the two-time drinking driving was committed prior to the instant crime for at least ten years, the Defendant was punished for drinking in 2016, and the Defendant committed a second offense only during two years. The vehicles used as a means of drinking and driving without a license are also used at the time of the crime of drinking in 2016. Considering this, the Defendant is sentenced to imprisonment.

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