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(영문) 대전지방법원 서산지원 2017.01.31 2016고단816

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

On December 7, 2007, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act (drinking driving) at the Suwon Friwon method, and on June 24, 2016, the Defendant was issued a summary order of a fine of five million won for the same crime at the Seosan Branch of the Daejeon District Court on June 24, 2016, and was punished two times or more for a violation of the Road Traffic Act (drinking driving).

On November 22, 2016, around 08:50, the Defendant driven a C-learning car under the influence of alcohol concentration of about 0.188% without obtaining a driver's license from around 118-9, Jin-si, Jin-si, 118, to the road before 114-9, at approximately 20 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition, a statement on the circumstances of the driver's license, and the ledger of driver's licenses;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to the previous summary order) by Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to attend lectures;