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(영문) 대전지방법원 천안지원 2018.05.25 2017고단2952

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On November 21, 2002, the Defendant issued a summary order of KRW 1 million to a fine for a violation of the Road Traffic Act at the Seoul Eastern District Court on November 21, 2002; on February 25, 2010, a summary order of KRW 6 million to a fine for a violation of the Road Traffic Act (refence of alcohol measurement); on December 9, 201, the Suwon District Court issued a summary order of KRW 2 million to a fine for a violation of the Road Traffic Act (refence of alcohol) at the site level; and on June 27, 2016, the Defendant was sentenced to a suspended sentence of imprisonment for 8 months for a violation of the Road Traffic Act (refence of alcohol) at the Seocheon Branch Branch of the Daejeon District Court on June 9, 2016, and the judgment became final and conclusive on June 27, 2016.

Although the Defendant had violated Article 44(1) of the Road Traffic Act more than twice as above, on October 19, 2017, the Defendant driven a Dok lusian car under the influence of alcohol content 0.124% while under the influence of alcohol without obtaining a driver’s license, in the section of approximately approximately 1748 meters from the roads adjacent to the red flusium located in the Sinsan-si, Plusium, Plusium, Plusium, Plusium, and Plusium car.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report of the situation of the driver at home;

1. The driver's license ledger;

1. Application of an inquiry letter, such as criminal history, investigation report (limited to the records of the same crime as the suspect and attachment of a suspended sentence);

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing of Articles 53 and 55(1)3 (the following favorable circumstances) of the Criminal Act for mitigation of small amount is that the defendant confessions and reflects the crime of this case. On the other hand, drinking driving is done not only by itself but also by enhancing the possibility of traffic accidents.