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(영문) 대전지방법원 홍성지원 2018.12.19 2018고단661

도로교통법위반(무면허운전)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 4, 2009, the Defendant issued a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act (driving in drinking), and a summary order of KRW 5 million for the same crime in the same court on October 10, 2016.

On July 19, 2018, the Defendant: (a) driven Crocketing car with approximately 15 meters alcohol level 0.214% while under the influence of alcohol level 0.214% in the blood without obtaining a driver’s license from a motor vehicle on the front side of the Mayang-gu, Mayang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting of a traffic accident (1) and reporting of a traffic accident (2);

1. Photographss by capturing a black stuffe image;

1. An accident scene photograph;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger (No. 14, a evidence list);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (Attachment to the same criminal history);

1. Article 152 subparag. 1, Article 43 (Operation without License) and Article 148-2 subparag. 1 (Article 148-2 subparag. 2) of the Road Traffic Act (Article 152 subparag. 1 and Article 44(1) (Article 152 subparag. 1 of the same Act concerning criminal facts appears to be a clerical error in the indictment in light of the facts charged);

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

1. Selection of imprisonment;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances considered as the reasons for sentencing shall be considered):

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is as follows: (a) in principle, heavy punishment is required in light of the following: (b) the person committed a crime with a high drinking level and a high drinking level; and (c) the person committed a crime with a high drinking level; and (d) the fact that the person committed a crime without a license for four drinking after 2000;

However, the punishment shall be determined like the order in consideration of the favorable circumstances, such as the reflection of the fact, the fact that the economic situation is not good, and the fact that there is no record of punishment exceeding the fine for the last ten years.