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(영문) 대전지방법원 논산지원 2014.08.12 2014고단212

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 17, 2007, the Defendant was issued a summary order of 1.5 million won for a violation of the Road Traffic Act (driving) in the Daejeon District Court Seosan Branch on May 6, 2008, and was sentenced to a fine of 2 million won for a violation of the Road Traffic Act (driving) in the same court on May 6, 2008. On January 3, 2014, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of 5 million won for a violation of the Road Traffic Act (driving) from the same court on January 3, 2014.

On May 25, 2014, at around 22:10, the Defendant driven a B rocketing car with the blood alcohol concentration of about 0.208%, without a driver’s license, from the road in the Sung-dong area of 500 meters from May 25, 2014 to the road in front of 27:10.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on the actual condition of a driver, each photograph, each photograph, the report on detection of a prime driver, the report on circumstantial statements of a prime driver, the register of driver's licenses, criminal records, etc., and each entry in each summary order or the application of video-related Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [limited to poor circumstances] is that: (a) three times before and after drunk driving; and (b) two times before and after obtaining a summary order on January 3, 2014 due to a violation of the Road Traffic Act (driving) on the part of the defendant; (c) thus, (d) the instant crime was committed again; (d) the blood alcohol level is extremely high; (e) the degree of blood alcohol level is extremely high; and (e) the occurrence of physical damage by causing a traffic accident during a drunk driving; (e) the disabled of class 3; (e) the defendant’s vehicle is scrapped or transferred to others; and (e) the defendant’s detention might involve considerable difficulty and difficulty to his family members.