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(영문) 대전지방법원 서산지원 2016.05.26 2016고단230

도로교통법위반(음주운전)등

Text

1. The punishment of the defendant shall be determined by six months;

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

Reasons

Punishment of the crime

On August 5, 2013, the Defendant issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Jeonju District Court on August 5, 2013, and a summary order of KRW 4 million for the same crime in the Jeonju District Court on November 13, 2015.

On March 27, 2016, around 03:10, the Defendant driven a BEX car in the state of under the influence of alcohol content of about 0.117% while under the influence of alcohol without obtaining a driver's license from the front of a cafeteria in the middle of Seocho-si, Seosan to the front of the Seosan elementary school located in 38-1, the center of the same city.

As a result, the defendant violated the prohibition of drinking at least twice, and once again drives a motor vehicle without a driver's license in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of driving at home, and the driver's license register;

1. Previous conviction: Application of a written inquiry, a copy of a summary order, such as criminal history;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (no record of punishment exceeding punishment) of the mitigated amount;

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. An order to attend a course under Article 62-2 of the Criminal Act;