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(영문) 대전지방법원 논산지원 2015.08.21 2015고단370

도로교통법위반(음주운전)등

Text

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

Reasons

Punishment of the crime

On April 8, 2010, the Defendant was issued a summary order of KRW 2,000,000 as a fine for a violation of the Road Traffic Act (driving) in the Daejeon District Court Seosan Branch on April 8, 201, and on November 28, 2012, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (driving) and completed the execution of the sentence on May 28, 2013.

1. On May 14, 2015, at around 12:50, the Defendant driven a cat100 Oral cat with no license plate, while under the influence of alcohol at approximately 300 meters from the 300-meter section of alcohol level to the road in front of the “Dubre Park cafeteria” road located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do to the road in front of the “Mexico-do” 625, Chungcheongnam-do, Chungcheongnam-do.

2. No one shall operate a vehicle with no mandatory insurance policy on a road, but the defendant operated the above 100 occbs, at the date and time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Reports on the occurrence of a traffic accident, actual condition survey reports, photographs, the circumstantial reports of the driver concerned, the details of control, and the results of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records and other inquiry reports, investigation reports prepared by police officials in charge of prosecution (attached reports, such as a copy of the judgment of the same kind of force), and application of statutes attached thereto;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, and the choice of imprisonment for each sentence;

2. Article 35 of the Criminal Act among repeated crimes;

3. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the sum of the long-term punishments of the crimes above two crimes).

4. The defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, is to drive under the influence of alcohol several times.