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(영문) 대전지방법원 서산지원 2017.12.21 2017고단374

도로교통법위반(음주운전)등

Text

1. The punishment of the accused shall be one year and six months;

2.Provided, That the above punishment shall be imposed for a period of three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

[2017 Highest 374] On April 12, 2017, the Defendant driven CCOE250 two-wheeled a two-wheeled vehicle with approximately 0.152% alcohol concentration in blood from the section of about 200 meters to the road in front of the Siho Park Park Park 12, 29-6, Seocheon-gu, Seocheon-si, Seocheon-si, Sinsan-si, Sinsan-si, to 10-7, Sinsi Park 10, 7, and 7,000.

[2017 Highest 859] On September 17, 2015, the Defendant was sentenced to a suspended sentence of two years for eight months of imprisonment due to a violation of road traffic law (drinking) in the Seosan Branch of the Daejeon District Court on September 17, 2015. On May 29, 2017, the Defendant was indicted for a violation of road traffic law (drinking) in the Seosan Branch of the Daejeon District Court on May 29, 2017.

The Defendant, as seen above, driven a motor vehicle with at least twice alcohol driving capacity, without obtaining a motor device driver’s license in the section of about 0.214% alcohol level from around 284 meters from the 3km to the 2nd road of the same Eup/Myeon-dong, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do around August 8, 2017 to 0.214% of alcohol level from the 3km to the 2nd road of the same Eup/Myeon-gun.

Summary of Evidence

[2017 Highest 374]

1. Statement by the defendant in court;

1. Statement on the circumstances of the driver's license in the main place (2017 senior group 859);

1. Statement by the defendant in court;

1. The driver's license ledger;

1. A response to a request for appraisal (written appraisal of alcohol concentration in blood) and a report on the detection of a driver engaged in the primary business;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 subparag. 2 of the Road Traffic Act and Article 44 subparag. 1 of the same Act concerning criminal facts (the point of self-driving on April 12, 2017), Articles 148-2 subparag. 1 and 44(1) of the Road Traffic Act (the point of self-driving on August 8, 2017), Articles 154 subparag. 2 and 43 of the Road Traffic Act (the point of non-licensed driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment provided for in a crime of violating the Traffic Act of a person on August 8, 2017 and a crime of violating the Traffic Act of a person on roads and a violation of the Traffic Act of a road, and a punishment provided for a crime of violating the same Act of a more severe punishment);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.