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(영문) 대전지방법원 서산지원 2016.06.16 2016고단222

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 9, 2013, the Defendant was issued a summary order of KRW 7 million due to a violation of road traffic law (drinking driving) in the Seocheon Branch of the Daejeon District Court on December 9, 2013, and such summary order became final and conclusive on December 21, 2013, and on November 18, 2010, the Defendant was punished on two or more occasions due to a violation of road traffic law (drinking driving) by imprisonment with prison labor for the same crime in the same court on November 18, 2010.

On March 12, 2016, the Defendant driven a D-wing truck with alcohol level of 0.135% while under the influence of alcohol level of 0.135% without obtaining a driver's license over one meter in front of “C” in Jin-si B, Jin-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in driving and the driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the text of the judgment, summary order), and other Acts and subordinate statutes;

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 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;