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(영문) 대전지방법원 논산지원 2016.05.31 2016고단178
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Traffic Act on October 11, 201, and a fine of three million won for a violation of the Road Traffic Act on February 20, 2012, in the case of a violation of the Road Traffic Act on February 20, 2012, and on February 16, 201, the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Road Traffic Act (driving) at the same court on February 16, 2016 and became final and conclusive on May 2, 2016.

[2] On February 5, 2016, the Defendant, without obtaining a driver’s license of a motor vehicle on February 5, 2016, driven a C truck at a section of approximately 150 meters from the trade name in front of the instant cafeteria, which is located in the Gamamamamamamamamamamb, to the road located in the same Dong and located in the same Dong without permission of a motor vehicle on February 5, 2016

As a result, the Defendant, who committed a violation of the Road Traffic Act without a driver's license at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions: Application of inquiry statements, such as criminal history, investigation reports (Attachment of criminal records and written judgments of the suspect, summary orders) and other Acts and subordinate statutes;

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. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: (a) although the defendant commits a violation of the reason for sentencing under Article 39(1) of the Criminal Code, the defendant committed the crime of this case again without being among those who were in criminal trials due to the same kind of crime, such as punishment, suspension of execution, fines, etc., and the crime of violating the Road Traffic Act (dacting driving), the blood alcohol concentration at the time of the crime of this case reaches 0.180%; and (b) the defendant commits the crime of this case.

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