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(영문) 대전지방법원 2018.05.03 2017고단3087

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2017 Highest 3087] The defendant was sentenced to six months of imprisonment by the Daejeon District Court on May 29, 2014 for a violation of road traffic laws (drinking).

7. On October 28, 2013, the Daejeon Prison completed the execution of the sentence, and the same court had a record of being sentenced to a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking).

On July 3, 2017, the Defendant driven C Poter Cargo Vehicles from the front side of the public market located in the Seo-gu, Daejeon-gu, Daejeon to the front side of the Doma-dong, Seo-gu, Daejeon-gu, with alcohol content of 0.15% while under the influence of alcohol during blood transfusion around 22:11.

The Defendant, who violated the prohibition of driving under the influence of liquor not less than twice, was driving a motor vehicle under the influence of re-driving.

[2017 Highest 4252] On August 12, 2017, the Defendant driven a C Poter Cargo within a section of about 20 km from around 17:43 square meters to around 265km of the middle-speed highway, the same day from the site of demolition of the fire, around 16:00 on August 12, 2017.

Summary of Evidence

[2017 Highest 3087]

1. Statement by the defendant in court;

1. Inquiries into the results of regulating driving of alcohol, investigation reports (report on the situation of the driver in charge of alcohol), a written statement of the driver in charge and a report on the situation of the driver in charge;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, a report on investigation (related previous and confirmations), and the current status of acceptance/collection by each individual (2017 order 4252);

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the ledger of driver's licenses, such as the arrest report of the incident, the situation report without licenses;

1. Relevant Article of the Act and Articles 148-2 (1) 1, 44 (1) (the point of drinking alcohol), subparagraph 1, 152 subparagraph 1, 43 (the point of driving without a license) of the Road Traffic Act, and the choice of imprisonment for each crime;

1. Article 35 of the Criminal Act for an aggravated repeated crime (Article 35 of the Criminal Act for a crime of violating the Road Traffic Act);

1. The following circumstances for sentencing in Article 37 (former part), Article 38 (1) 2, Article 38 (2), and Article 50 of the Criminal Act, and other ages of the defendants.